Chang v. D1-JOYSON SAFETY SYSTEMS ACQUISITION LLC
- Laura Swain
- 1:24-cv-02806
- U.S. District Court · Southern District of New York
- 1
Chang v. D1-JOYSON SAFETY SYSTEMS ACQUISITION LLC was dismissed without prejudice for nonpayment, says Chief Judge Swain.
Yaping Chang's action was dismissed without prejudice because Chang neither submitted the required fee-waiver application nor paid the $405 filing fee. The defendants were affected by the dismissal of the action, and the Court denied fee-free status for any appeal.
What happened
In Chang v. D1-JOYSON SAFETY SYSTEMS ACQUISITION LLC, the court required Yaping Chang to submit a completed application to proceed without paying filing fees or pay the $405 filing fee within 30 days.
Chang did neither. The court dismissed the action without prejudice to refiling, meaning the case may be filed again, and directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Chang v. D1-JOYSON SAFETY SYSTEMS ACQUISITION LLC · No. 1:24-cv-02806
- Laura Swain
- June 20, 2024
Background
On April 16, 2024, the Court ordered Yaping Chang to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, called an application to proceed in forma pauperis, or pay the $405 required to file a civil action in the court. The order warned that failing to comply would result in dismissal without prejudice to refiling.
Ruling
Chang did not submit the application or pay the filing fee. The Court therefore dismissed the action without prejudice to its refiling under 28 U.S.C. §§ 1914 and 1915. The Court directed the Clerk of Court to enter a judgment dismissing the action for that reason.
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 therefore denied fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.