Kashelkar v. The United States Government
- Laura Swain
- 1:24-cv-02722
- U.S. District Court · Southern District of New York
- 4
In Kashelkar v. United States Government, Chief Judge Swain ordered Ashok Kashelkar to pay fees or submit an application to proceed without prepaying fees within 30 days.
Ashok Kashelkar must either pay $405 or submit a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action.
What happened
Kashelkar v. The United States Government concerns Ashok Kashelkar’s civil complaint, which he filed without paying the required fees or submitting an application to proceed without prepaying fees. The opinion identifies Kashelkar as representing himself.
The court ordered Kashelkar, within 30 days, either to pay $405 in filing and administrative fees or to submit a signed application to proceed without prepaying fees. The court said no summons would issue at that time and warned that the action will be dismissed if he does not comply.
Chief Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Kashelkar’s claims.
The detailed version
- Kashelkar v. The United States Government · No. 1:24-cv-02722
- Laura Swain
- Apr. 11, 2024
Background
Ashok Kashelkar filed a civil action against The United States Government, specifically identifying the U.S. Justice Department, without paying the required fees or submitting an application to proceed without prepaying fees. The opinion states that Kashelkar is representing himself.
Court’s Order
The court explained that starting a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed without prepaying fees. The latter status is commonly called proceeding in forma pauperis, or IFP.
The court ordered Kashelkar to do one of those things within 30 days of April 11, 2024. If he submits the application, it must identify docket number 24-CV-2722 (LTS). If the court grants the application, he may proceed without paying the fees in advance. No summons will issue at this time. The court stated that the case will be processed under the Clerk’s Office procedures if Kashelkar complies, and that the action will be dismissed if he does not comply within the allowed time.
Appeal and Scope of Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied IFP status for an appeal. Chief United States District Judge Laura Taylor Swain did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.