Enkin v. Doe
- Laura Swain
- 1:24-cv-02834
- U.S. District Court · Southern District of New York
- 1
In Enkin v. Trump Worldwide, Judge Swain dismissed the complaint without prejudice because Enkin neither paid filing fees nor requested fee-free filing.
Tatyana Enkin’s complaint was dismissed without prejudice because she did not pay the filing fee or submit the required fee-waiver application. Fee-free status was also denied for any appeal.
What happened
In Enkin v. Trump Worldwide 845 United Nations Plaza, Tatyana Enkin was required to either request permission to file without paying fees or pay the court’s $405 filing fee. The court had given her 30 days to do so.
Enkin did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar a new filing based on the same matter.
Chief Judge Laura Taylor Swain ordered the dismissal, denied fee-free status for any appeal because an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Enkin v. Doe · No. 1:24-cv-02834
- Laura Swain
- June 14, 2024
Background
The court had previously ordered Tatyana Enkin to submit a completed request to proceed without paying filing fees, commonly called an in forma pauperis application, or to pay the $405 required to file a civil action. The court’s May 6, 2024 order warned that failing to do so would result in dismissal of the complaint.
Court’s Action
The court found that Enkin had not submitted the fee-waiver application and had not paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It consequently denied fee-free status for an appeal and directed the clerk to enter judgment.
Judge
Chief United States District Judge Laura Taylor Swain signed the order on June 14, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.