Song v. Virgil
- Laura Swain
- 1:24-cv-03820
- U.S. District Court · Southern District of New York
- 1
In Song v. Virgil, Judge Swain dismissed the complaint without prejudice because Song neither filed a fee-waiver application nor paid the filing fees.
Eugenia Song's complaint was dismissed without prejudice, and her request to appeal without paying fees was denied.
What happened
In Song v. Virgil, the court ordered Eugenia Song to submit an application to proceed without paying filing fees or pay the required $405 filing fee within 30 days. The court warned that failing to do so would result in dismissal.
Song did not submit the application or pay the filing fee. The opinion does not describe the underlying claims in the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied Song permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Song v. Virgil · No. 1:24-cv-03820
- Laura Swain
- July 3, 2024
Background
Eugenia Song filed a civil complaint against Scott Virgil. On May 22, 2024, the Court ordered Song, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action in the Southern District of New York. The Court warned that failure to comply would result in dismissal.
What the Court Decided
Song did not submit the fee-waiver application or pay the filing fee. The Court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for a future filing.
The Court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees. The Court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.