Berry v. Federal Bureau Investigation
- Laura Swain
- 1:24-cv-01753
- U.S. District Court · Southern District of New York
- 1
In Berry v. Federal Bureau Investigation, Judge Swain dismissed the complaint without prejudice after Berry neither paid filing fees nor submitted required forms.
Tyanna Berry’s complaint was dismissed without prejudice because she did not submit the required fee-waiver and prisoner-authorization documents or pay the filing fees. The court also denied permission to appeal without paying fees.
What happened
In Berry v. Federal Bureau Investigation, the court had ordered Tyanna Berry to submit forms requesting permission to proceed without paying court fees and a prisoner authorization, or to pay the required $405 filing fee.
The order gave Berry thirty days to comply and warned that the complaint would be dismissed if she did not. Berry did not submit the forms or pay the fees.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Berry v. Federal Bureau Investigation · No. 1:24-cv-01753
- Laura Swain
- June 7, 2024
Background
The court had previously ordered Tyanna Berry to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 required to file a civil action. The court gave her thirty days and warned that failure to comply would result in dismissal.
Court’s ruling
Berry did not submit the required application and authorization or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It also directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.