Song v. Owen Minor Inc.
- Laura Swain
- 1:24-cv-04148
- U.S. District Court · Southern District of New York
- 1
In Song v. Owen Minor, Judge Swain dismissed the complaint without prejudice because Song neither paid filing fees nor submitted a request to proceed without paying.
Eugenia Song's complaint was dismissed without prejudice for failing to submit the required application or pay the filing fee. The court did not reach the underlying claims; Owen Minor Inc. was affected as the named defendant.
What happened
In Song v. Owen Minor Inc., the court had directed Eugenia Song to either pay the $405 filing fee or submit a completed request to proceed without paying because of inability to pay.
Song did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied Song permission to appeal without paying fees and directed the clerk to enter judgment. The opinion does not describe the underlying claims.
The detailed version
- Song v. Owen Minor Inc. · No. 1:24-cv-04148
- Laura Swain
- July 10, 2024
Background
The court had previously ordered Plaintiff Eugenia Song, within thirty days, either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The earlier order stated that failure to comply would result in dismissal.
Court’s ruling
Song did not submit the application or pay the filing fee. The court dismissed the complaint without prejudice. The opinion does not identify the claims in the complaint or address their merits.
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.