Hussey v. John Doe/Jane Doe
- Laura Swain
- 1:24-cv-02438
- U.S. District Court · Southern District of New York
- 1
Hussey v. John Doe/Jane Doe was dismissed without prejudice after Hussey neither paid filing fees nor requested fee waiver, Judge Swain ruled.
Hussey's complaint was dismissed without prejudice because he neither submitted a request to proceed without paying filing fees nor paid the required fees. Permission to appeal without paying fees was also denied.
What happened
In Hussey v. John Doe/Jane Doe, the court required Hussey to either pay the filing fees for a civil case or submit a request to proceed without paying them.
The court had given Hussey 30 days to comply and warned that the complaint would be dismissed if he did not. Hussey did neither: he did not submit the request or pay the required fees.
The court dismissed the complaint without prejudice, meaning it was not permanently barred on this order. Judge Laura Taylor Swain also denied Hussey permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Hussey v. John Doe/Jane Doe · No. 1:24-cv-02438
- Laura Swain
- June 3, 2024
Background
By an order dated April 12, 2024, the court directed Hussey to submit a completed request to proceed without paying filing fees, commonly called an application to proceed in forma pauperis, or to pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Hussey did not submit the fee-waiver application and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the filing-fee requirement; the opinion does not decide the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The court directed the Clerk of Court to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.