Pittman v. United States Government
- Laura Swain
- 1:24-cv-02909
- U.S. District Court · Southern District of New York
- 1
In Pittman v. United States Government, Judge Swain dismissed the complaint without prejudice because Pittman neither paid filing fees nor submitted required forms.
Nadira A. Pittman’s complaint was dismissed without prejudice for failure to satisfy the court’s filing requirements. The court also denied her permission to appeal without paying fees.
What happened
In Nadira A. Pittman v. United States Government, the court ordered Pittman to submit a completed request to proceed without paying filing fees or pay the $402 filing fee. The court also required a signed certification and warnings form.
Pittman did not submit the request, pay the fee, or file the signed form within the required thirty days. The court’s earlier order warned that failing to comply would result in dismissal.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. The court also denied Pittman permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Pittman v. United States Government · No. 1:24-cv-02909
- Laura Swain
- June 27, 2024
Background
By an order dated May 14, 2024, the court directed Nadira A. Pittman, within thirty days, either to submit a completed request to proceed without paying the filing fee or to pay the $402 required to file a civil action. The court also required her to submit a signed “Plaintiff’s Certification and Warnings” form. The order stated that failing to comply would result in dismissal of the complaint.
Compliance with Filing Requirements
Pittman did not submit an application to proceed without paying the filing fee, did not pay the filing fee, and did not submit the required certification and warnings form. The opinion does not address the underlying claims in the complaint.
Disposition
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not describe any conditions for refiling. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Laura Taylor Swain 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.