Freeman v. NYC Health + Hospitals
- Laura Swain
- 1:24-cv-03678
- U.S. District Court · Southern District of New York
- 1
In Freeman v. NYC Health + Hospitals, Judge Swain dismissed the complaint without prejudice because Freeman neither paid filing fees nor submitted an application to proceed without them.
Kevin W. Freeman's complaint against New York City Health & Hospitals, Mitchell Katz, M.D., and Cristina Contreras was dismissed without prejudice. Permission to proceed without paying fees on appeal was also denied.
What happened
In Freeman v. NYC Health + Hospitals, the court had ordered Kevin W. Freeman to submit an application to proceed without paying filing fees or pay the required $405 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Freeman did not submit the application or pay the filing fee. The opinion does not address the underlying claims against New York City Health & Hospitals, Mitchell Katz, M.D., or Cristina Contreras.
The complaint was dismissed without prejudice, meaning the opinion did not bar a later filing on that basis. Judge Laura Taylor Swain also denied permission to proceed without paying fees for an appeal and directed the clerk to enter judgment.
The detailed version
- Freeman v. NYC Health + Hospitals · No. 1:24-cv-03678
- Laura Swain
- July 2, 2024
Background
By an order dated May 17, 2024, the court directed Kevin W. Freeman to either submit a completed application to proceed without paying court fees or pay the $405 required to file a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Freeman did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion did not decide the underlying claims against New York City Health & Hospitals, Mitchell Katz, M.D., or Cristina Contreras.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. Judge Laura Taylor Swain directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.