Scullark v. Commissioner of Social Security
- Laura Swain
- 1:24-cv-03721
- U.S. District Court · Southern District of New York
- 1
Scullark v. Commissioner was dismissed without prejudice for failing to pay fees or submit a fee-waiver application, Judge Swain ruled.
The dismissal affects Plaintiff Isaiah Scullark's complaint against the Commissioner of Social Security; the opinion does not decide the underlying dispute.
What happened
In Scullark v. Commissioner of Social Security, the court had ordered Isaiah Scullark to submit a corrected application to waive the filing fee or pay the required $405 within 30 days.
Scullark did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal and directed the clerk to enter judgment.
The detailed version
- Scullark v. Commissioner of Social Security · No. 1:24-cv-03721
- Laura Swain
- July 2, 2024
Background
On May 15, 2024, the court directed Plaintiff Isaiah Scullark to submit an amended application to proceed without paying the filing fee or to pay the $405 fee required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
The court found that Scullark had not submitted an amended fee-waiver application or paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. It directed the clerk to enter judgment.
Effect
The opinion does not decide the underlying Social Security dispute. Because the dismissal was without prejudice, the order itself does not bar refiling, although the opinion does not address any requirements for doing so.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.