Carter v. John Doe 1
- Laura Swain
- 1:24-cv-02403
- U.S. District Court · Southern District of New York
- 1
In Carter v. John Doe 1, Judge Swain dismissed the complaint without prejudice because Carter neither paid filing fees nor submitted an IFP application.
David Carter, Sr.’s complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the $405 filing fee. The court also denied fee-free status for an appeal.
What happened
In Carter v. John Doe 1, the court had ordered David Carter, Sr. to submit an application to proceed without paying fees or pay the required $405 filing fee.
Carter did neither within the time allowed by the court’s April 15, 2024 order. That order warned that failing to comply would result in dismissal.
Judge Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied fee-free status for any appeal because the appeal would not be taken in good faith.
The detailed version
- Carter v. John Doe 1 · No. 1:24-cv-02403
- Laura Swain
- June 17, 2024
Background
The court’s April 15, 2024 order directed David Carter, Sr. to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, or pay the $405 required to file a civil action. The order stated that failure to comply would result in dismissal of the complaint.
What the Court Decided
Carter did not submit the application or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling based on the dismissal itself.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It denied Carter fee-free status for purposes of an appeal and directed the clerk to enter judgment.
Outcome
The complaint was dismissed without prejudice. The order did not decide the underlying claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.