Taebel v. Hochul
- Laura Swain
- 1:24-cv-03580
- U.S. District Court · Southern District of New York
- 4
In Taebel v. Hochul, Judge Swain ordered Mitchell Taebel to pay $405 or seek permission to proceed without prepaying fees within 30 days, or face dismissal.
Mitchell Taebel, the self-represented plaintiff, must either pay the required fees or submit the required application within 30 days to avoid dismissal of the action.
What happened
In Taebel v. Hochul, Mitchell Taebel filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion does not describe the claims.
The court ordered Taebel, within 30 days, either to pay $405—comprising a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees. No summons would issue at that time. If Taebel failed to comply, the action would be dismissed; if he complied, the case would be processed under the Clerk’s Office procedures.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Taebel’s claims.
The detailed version
- Taebel v. Hochul · No. 1:24-cv-03580
- Laura Swain
- May 14, 2024
Background
Mitchell Taebel brought this civil action without a lawyer. He submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepaying fees. The opinion does not describe the claims or the relief sought.
Order
The court explained that filing a civil action required either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application requesting permission to proceed without prepaying fees. The court gave Taebel 30 days from the date of the order to pay the fees or submit the application, which was to identify docket number 24-CV-3580 (LTS).
No summons would issue at that time. If the court granted the fee application, Taebel would be allowed to proceed without prepaying fees. If he did not comply within the allowed time, the action would be dismissed. If he complied, the case would be processed under the Clerk’s Office procedures.
Appeal-related certification
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees. The order did not decide the merits of Taebel’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.