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S.D.N.Y.Procedural orderFiled May 15, 2024

Banshu v. Haggler

Judge
Laura Swain
Docket
1:24-cv-03524
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Banshu v. Haggler, Judge Swain ordered Banshu to pay $405 or submit a fee-waiver application within 30 days.

Who this affects

Kahusia J. Banshu must either pay $405 or submit a signed application to proceed without prepaying fees within 30 days. The defendants are not yet served because no summons has issued.

What happened

In Kahusia J. Banshu v. Sholomo S. Haggler, et al., Banshu filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. Banshu was representing themself.

The court explained that proceeding required either payment of $405 or a signed application showing that Banshu could not pay the fees. The court did not issue summonses at that time.

Judge Laura Taylor Swain ordered Banshu to take one of those steps within 30 days. If Banshu does not comply, the action will be dismissed; the court also denied fee-waiver status for any appeal from this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Banshu v. Haggler · No. 1:24-cv-03524
Judge
Laura Swain
Date
May 15, 2024

Background

Kahusia J. Banshu brought this civil action without a lawyer. Banshu submitted the complaint without paying the required filing fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.

Order

The court stated that the fees for a civil action are $405: a $350 filing fee and a $55 administrative fee. Within 30 days of the order, Banshu must either pay the $405 or submit the attached, signed IFP application. The application must identify docket number 24-CV-3524 (LTS). If the court grants the application, Banshu may proceed without prepaying the fees.

No summons will issue at this time. If Banshu complies with the order, the case will be processed under the Clerk’s Office procedures. If Banshu does not comply within the allowed time, the action will be dismissed.

Appeal-Related Ruling

The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order addresses fees and the required application; it does not decide the underlying claims.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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