Song v. Columbia University in New York
- Laura Swain
- 1:24-cv-03600
- U.S. District Court · Southern District of New York
- 1
In Song v. Columbia University, Judge Swain dismissed the complaint without prejudice because Song neither paid filing fees nor submitted an application to proceed without them.
Eugenia Song’s complaint was dismissed without prejudice because she did not submit the required application to proceed without paying the filing fee or pay the $405 filing fee. Her requests were denied as moot, and the court denied permission to appeal without paying fees.
What happened
Song v. Columbia University in New York was dismissed after the plaintiff did not follow the court’s order concerning the filing fee or an application to proceed without paying it.
The court had given Song 30 days to submit the application or pay the required $405 filing fee. Song instead filed a request for subpoenas and other documents, but did neither of the required things.
Judge Swain dismissed the complaint without prejudice, denied all requests as moot, and terminated the pending matters. The court also denied permission to appeal without paying fees and directed the Clerk to enter judgment.
The detailed version
- Song v. Columbia University in New York · No. 1:24-cv-03600
- Laura Swain
- June 27, 2024
Background
By an order dated May 13, 2024, the court directed Plaintiff Eugenia Song to submit a completed application to proceed without paying the filing fee, commonly called an application to proceed in forma pauperis, or to pay the $405 required to file a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Song filed a request for subpoenas and other documents, but she did not submit the application or pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against Columbia University in New York. The court denied all requests as moot and terminated all pending matters in the action.
The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying appellate fees. 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.