Pittman v. Brown
- Laura Swain
- 1:24-cv-03093
- U.S. District Court · Southern District of New York
- 1
In Pittman v. Brown, Judge Swain dismissed the complaint without prejudice after Pittman neither sought a fee waiver, paid filing fees, nor signed the required form.
Nadira A. Pittman’s complaint was dismissed without prejudice because she did not submit the required fee-waiver application, pay the $405 filing fee, or file the signed certification and warnings form. The court also denied fee-free status for an appeal.
What happened
In Pittman v. Brown, the court had ordered Nadira A. Pittman to submit an application to proceed without paying filing fees or pay the required $405 filing fee. The court also required her to sign a certification and warnings form.
The court gave Pittman thirty days to comply and warned that failing to do so would result in dismissal. Pittman did not submit the application, pay the fees, or file the signed form.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning it was not permanently barred on this ground. The court also denied fee-free status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Pittman v. Brown · No. 1:24-cv-03093
- Laura Swain
- July 1, 2024
Background
Nadira A. Pittman sued Ali Brown and Deonna Brown. In an order dated May 15, 2024, the court directed Pittman, within thirty days, either to submit an amended application to proceed without paying filing fees or to pay the $405 required fee for filing a civil action. The court also required a signed “Plaintiff’s Certification and Warnings” form.
Compliance with the Court’s Order
The May 15 order warned that the complaint would be dismissed if Pittman did not comply. The court found that Pittman had not submitted the application, paid the filing fee, or filed the signed certification and warnings form.
Ruling
Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on Pittman’s failure to comply with the filing requirements, not on a decision about the underlying claims. The court certified that an appeal would not be taken in good faith and denied Pittman permission to appeal without paying 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.