Enkin v. Doe
- Laura Swain
- 1:24-cv-02834
- U.S. District Court · Southern District of New York
- 2
In Enkin v. Doe, Judge Swain ordered payment or an application to proceed without fees before the case can continue.
Tatyana Enkin, whose case cannot proceed unless she pays the $405 fee or submits a completed and signed application to proceed without prepaying fees; the defendants are not required to respond at this stage.
What happened
Enkin v. Doe was submitted to the Southern District of New York by email and assigned a case number. The court had not yet required the defendants to respond.
The court ordered Tatyana Enkin to pay $405 in fees or submit a signed application to proceed without paying the fees in advance within 30 days. The order says the $405 includes a $350 filing fee and a $55 administrative fee.
Judge Laura Taylor Swain directed that no further action occur and no summons issue until payment or a completed application is received. If Enkin does not comply or request more time, the action will be dismissed without prejudice to refiling; the court also denied fee-waiver status for any appeal.
The detailed version
- Enkin v. Doe · No. 1:24-cv-02834
- Laura Swain
- May 6, 2024
Background
Tatyana Enkin submitted this action to the U.S. District Court for the Southern District of New York by email. The caption identifies the defendants as Trumo Worldwide 845 United Nations Plaza New York, NY 10017, also known as Trumoun Plaza, and John Doe.
Filing-fee requirement
The court explained that a person bringing a civil action must either pay the required fees or submit a signed application to proceed without prepaying them. The total fee stated in the order is $405: a $350 filing fee plus a $55 administrative fee.
The court gave Enkin 30 days from the date of the order to either pay the $405 or complete, sign, and submit the attached application. The order provides instructions for paying by mail or in person. It also states that no further action will be taken, no summons will issue, and no answer will be required until payment is processed or a completed and signed application is received.
Ruling and effect
The court ordered Enkin to satisfy the fee requirement or submit the application. If the application is granted, Enkin may proceed without prepaying the fees. If proper payment had already been submitted, the case will proceed once the payment is processed.
If Enkin fails to comply within the allowed time, or fails to request an extension, the action will be dismissed without prejudice to refiling. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.