Scales v. Apple Incorporation
- Laura Swain
- 1:24-cv-01824
- U.S. District Court · Southern District of New York
- 4
In Scales v. Apple Incorporation, Judge Swain ordered payment or an IFP application within 30 days, warning of dismissal for noncompliance.
Plaintiff, who must either pay $405 in fees or submit an IFP application within 30 days; the action will be dismissed if Plaintiff does not comply.
What happened
In Scales v. Apple Incorporation, Plaintiff filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Plaintiff 30 days to pay $405 in fees or submit a signed application showing an inability to pay. No summons will issue at this time, and the case will be processed if Plaintiff complies.
Judge Laura Taylor Swain warned that the action will be dismissed if Plaintiff does not comply within the allowed time. She also denied permission to appeal without prepaying fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Scales v. Apple Incorporation · No. 1:24-cv-01824
- Laura Swain
- May 10, 2024
Background
Plaintiff brought the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Court’s order
The court explained that starting a civil action requires payment of $405: a $350 filing fee and a $55 administrative fee. Within 30 days of the order, Plaintiff must either pay those fees or submit the attached, signed IFP application. The application must identify docket number 24-CV-1824 (LTS). If the court grants the application, Plaintiff may proceed without prepaying the fees.
No summons will issue at this time. If Plaintiff complies with the order, the case will be processed under the Clerk’s Office procedures. If Plaintiff does not comply within the allowed period, the action will be dismissed.
Appeal-related 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. It therefore denied IFP status for purposes of an appeal.
Disposition
Judge Laura Taylor Swain issued an order directing Plaintiff to pay the fees or submit an IFP application. The order did not address the underlying claims against Apple Incorporation.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.