Serrant v. City of Bronx
- Laura Swain
- 1:24-cv-04113
- U.S. District Court · Southern District of New York
- 1
In Serrant v. City of Bronx, Chief Judge Swain dismissed the complaint without prejudice because Serrant neither paid the filing fee nor submitted a fee-waiver application.
Chrystal Serrant's complaint was dismissed without prejudice, and IFP status was denied for purposes of any appeal.
What happened
In Serrant v. City of Bronx, the court ordered Chrystal Serrant to submit an application to proceed without paying filing fees or to pay the $405 filing fee within thirty days.
Serrant did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Serrant v. City of Bronx · No. 1:24-cv-04113
- Laura Swain
- July 9, 2024
Background
On June 3, 2024, the court ordered Chrystal Serrant to submit a completed application to proceed without paying filing fees, called an IFP application, or to pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
The court found that Serrant had not submitted an IFP application or paid the filing fee. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied IFP status for purposes of an appeal. The opinion does not address the underlying claims in the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.