Bryson v. Welsch
- Laura Swain
- 1:24-cv-03064
- U.S. District Court · Southern District of New York
- 1
In Bryson v. Welsch, Judge Swain dismissed the complaint without prejudice after Bryson neither applied to proceed without fees nor paid filing fees.
Maria Bryson's complaint against Michele Welsch and Sullivan County CPS was dismissed without prejudice; fee-waiver status was also denied for any appeal.
What happened
In Bryson v. Welsch, the court ordered Maria Bryson to submit an application to proceed without paying filing fees or pay the required $405 filing fee within 30 days. The court warned that failing to do so would result in dismissal.
Bryson did not submit the application or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The defendants are identified as Michele Welsch and Sullivan County CPS.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith. The Clerk of Court was directed to enter judgment.
The detailed version
- Bryson v. Welsch · No. 1:24-cv-03064
- Laura Swain
- June 17, 2024
Background
Maria Bryson sued Michele Welsch and Sullivan County CPS. On April 24, 2024, the court ordered Bryson, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Bryson did not submit the application or pay the filing fees. The court 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 an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Effect
The complaint was dismissed without prejudice. The opinion does not state whether Bryson was represented by a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.