Scales v. TD Bank
- Laura Swain
- 1:24-cv-03753
- U.S. District Court · Southern District of New York
- 2
In Scales v. TD Bank, Judge Swain ordered William Scales to pay filing fees or submit an application to proceed without prepayment.
William Scales must pay the required fees or submit a completed and signed application to proceed without prepayment before the case can move forward. TD Bank is not required to answer at this stage.
What happened
In Scales v. TD Bank, William Scales submitted this civil action to the court by email. The order does not address the underlying claims against TD Bank.
The court gave Scales 30 days to pay $405 in fees or submit a completed and signed application to proceed without paying the fees in advance. Until one of those steps occurs, the court will take no further action, and TD Bank will not have to respond.
Judge Laura Taylor Swain ordered that failure to comply, or to request more time, will result in dismissal without prejudice to refiling. She also denied permission to proceed without paying fees for any appeal from this order.
The detailed version
- Scales v. TD Bank · No. 1:24-cv-03753
- Laura Swain
- May 21, 2024
Background
William Scales submitted this civil action to the U.S. District Court for the Southern District of New York by email. The order does not describe the claims or address their merits.
Court’s Order
The court ordered Scales, within 30 days of the order, to either:
- pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or - complete, sign, and submit an application to proceed without prepaying the fees.
The court stated that no further action would be taken, and no summons would issue or answer would be required, until payment or a completed and signed application was received. If the application is granted, Scales may proceed without prepaying the fees. If proper payment had already been submitted, the case would proceed after the payment was processed.
Disposition
If Scales failed to comply within the allowed time or failed to request an extension, the action would be dismissed without prejudice to refiling. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.