Correa v. Carnahan
- Laura Swain
- 1:24-cv-03120
- U.S. District Court · Southern District of New York
- 1
In Correa v. Carnahan, Judge Swain dismissed the complaint without prejudice after Correa did not pay the required filing fee.
The dismissal ended Collin S.K. Correa’s complaint without prejudice because he did not pay the $405 filing fee or otherwise respond. The court also denied permission to appeal without paying fees.
What happened
In Correa v. Carnahan, the court had denied Collin S.K. Correa’s request to proceed without paying filing fees and ordered him to pay $405 within 30 days if he wanted to continue the case.
Correa did not pay the fees or otherwise respond. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling based on this order.
Judge Swain also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to enter judgment.
The detailed version
- Correa v. Carnahan · No. 1:24-cv-03120
- Laura Swain
- May 28, 2024
Background
On April 24, 2024, the court denied Plaintiff Collin S.K. Correa’s request to proceed without paying filing fees. The court directed him to pay $405 in filing fees within 30 days if he wished to continue the action. The earlier order stated that failing to comply would result in dismissal without prejudice.
Court’s Ruling
Correa did not pay the filing fees and did not otherwise respond. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
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 paying filing fees. The court directed the Clerk of Court to enter judgment.
Scope of the Decision
The opinion resolves the case based on nonpayment of the filing fee and does not address the allegations or merits of the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.