Shankar v. Clear Street
- Laura Swain
- 1:24-cv-01782
- U.S. District Court · Southern District of New York
- 2
In Shankar v. Clear Street, Judge Swain ordered payment of filing fees or submission of an IFP application before the case could proceed.
Raghavendran Shankar and the pending action against Clear Street, et al.; the order paused further processing unless the required fees or application were submitted.
What happened
In Shankar v. Clear Street, the court required Raghavendran Shankar to either pay $405 in filing fees or submit a signed application to proceed without paying those fees upfront.
Shankar had 30 days to comply or request more time. Until payment or a completed application was received, the court would take no further action, issue no summons, and require no answer from the defendants.
Judge Laura Taylor Swain ordered that failure to comply would lead to dismissal without prejudice to refiling. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Shankar v. Clear Street · No. 1:24-cv-01782
- Laura Swain
- Apr. 2, 2024
What the order required
The court stated that a plaintiff beginning a civil action must either pay $405 in fees or request permission to proceed without paying the fees upfront. The $405 consists of a $350 filing fee and a $55 administrative fee. The court directed Raghavendran Shankar, within 30 days of the order, to pay the fees or complete, sign, and submit an application to proceed without prepaying them. The court referred to this type of application as an application to proceed without paying fees upfront.
Effect on the case
Until the fees were paid or a completed and signed application was received, the court would take no further action, issue no summons, and require no answer from the defendants. If Shankar complied, the Clerk’s Office would process the case. If the court granted the application, Shankar could proceed without prepaying the fees. The opinion does not decide the underlying claims against Clear Street or the other defendants.
Disposition
The order states that if Shankar failed to comply or request an extension within the allowed time, the action would be dismissed without prejudice to refiling. Judge Laura Taylor Swain also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.