Taebel v. Hochul
- Laura Swain
- 1:24-cv-03580
- U.S. District Court · Southern District of New York
- 1
In Taebel v. Hochul, Chief Judge Swain dismissed the complaint without prejudice because Taebel neither paid the filing fee nor submitted an application to proceed without paying it.
Mitchell Taebel’s complaint was dismissed without prejudice because he did not pay the filing fee or submit an application to proceed without paying it. His request to proceed without paying fees on appeal was also denied.
What happened
Taebel v. Hochul involved a complaint by Mitchell Taebel against Kathy Hochul and the National Football League. The court had ordered Taebel to submit an application to proceed without paying the filing fee or pay the required $405 fee within thirty days.
Taebel did neither. The court’s order warned that failing to comply would result in dismissal of the complaint.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the Clerk of Court to enter judgment, and denied permission to proceed without paying fees on appeal.
The detailed version
- Taebel v. Hochul · No. 1:24-cv-03580
- Laura Swain
- June 26, 2024
Background
Mitchell Taebel sued Kathy Hochul and the National Football League. On May 14, 2024, the court ordered Taebel, within thirty days, either to submit a completed application to proceed without paying the filing fee or to pay the $405 required to file a civil action in the court. The order warned that failure to comply would result in dismissal.
Court’s ruling
Taebel did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice. This means the dismissal did not bar refiling, although the opinion does not discuss any requirements for doing so. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to enter judgment.
Disposition
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and denied permission to proceed without paying fees on appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.