Seymour v. Miller
- Laura Swain
- 1:24-cv-02855
- U.S. District Court · Southern District of New York
- 1
In Seymour v. Miller, Judge Swain dismissed the complaint without prejudice because Seymour neither paid filing fees nor submitted an IFP application.
The dismissal ended this action without prejudice after Plaintiff Ernest Peter Seymour, Jr. failed to submit the required IFP application or pay the $405 filing fees. The order also denied IFP status for any appeal.
What happened
In Seymour v. Miller, the court had ordered Ernest Peter Seymour, Jr. to submit an application to proceed without paying filing fees or to pay the required $405 filing fees within 30 days.
Seymour did neither. The court therefore dismissed the complaint without prejudice, meaning the order did not bar refiling. The opinion does not describe the underlying claims.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to enter judgment.
The detailed version
- Seymour v. Miller · No. 1:24-cv-02855
- Laura Swain
- June 26, 2024
Background
The court had previously ordered Plaintiff Ernest Peter Seymour, Jr., within 30 days, either to submit a completed application to proceed without paying court fees (an “IFP application”) or to pay the $405 required to file a civil action. The earlier order warned that failure to comply would result in dismissal.
Ruling
The court found that Seymour had neither submitted the IFP application nor paid the filing fees. It dismissed the complaint without prejudice. The opinion does not identify the complaint’s underlying claims.
The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. It 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.