Scales v. Apple Incorporation
- Laura Swain
- 1:24-cv-01824
- U.S. District Court · Southern District of New York
- 1
In Scales v. Apple Incorporation, Judge Swain dismissed the complaint without prejudice because Plaintiff neither paid the filing fee nor submitted an IFP application.
The complaint brought by William Scales and Tranz Technologies was dismissed without prejudice because Plaintiff did not submit the required fee-waiver application or pay the filing fee. The opinion does not state whether either plaintiff was represented by a lawyer.
What happened
In Scales v. Apple Incorporation, the court had ordered Plaintiff to submit an application to proceed without paying the filing fee or pay the $405 required to file a civil case. The court gave Plaintiff thirty days to comply.
Plaintiff did neither: no application was filed, and the fee was not paid. The order did not address the underlying claims against Apple Incorporation.
The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. Judge Laura Taylor Swain also denied permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Scales v. Apple Incorporation · No. 1:24-cv-01824
- Laura Swain
- June 21, 2024
Background
On May 10, 2024, the court directed Plaintiff to either submit a completed application to proceed without paying the filing fee or pay the $405 fee required to file a civil action. The court warned that failure to comply would result in dismissal of the complaint.
Ruling
Plaintiff did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not decide the underlying claims against Apple Incorporation.
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing 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.