Diomande v. The City of New York
- Laura Swain
- 1:24-cv-07302
- U.S. District Court · Southern District of New York
- 1
In Diomande v. The City of New York, Chief Judge Swain dismissed the complaint without prejudice after a required signed fee-waiver page was not filed.
Kassia Diomande's complaint was dismissed without prejudice, and fee-free status for any appeal was denied.
What happened
In Diomande v. The City of New York, the court had directed Kassia Diomande to submit a signed page from her application to proceed without paying filing fees.
The court had warned that failing to submit the page within 30 days would result in dismissal. Because Diomande did not submit it, the court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief United States District Judge Laura Taylor Swain also ruled that an appeal would not be taken without paying the required fees because it would not be in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Diomande v. The City of New York · No. 1:24-cv-07302
- Laura Swain
- Jan. 8, 2025
Background
On September 27, 2024, the court ordered Kassia Diomande to submit, within 30 days, a signed copy of the signature page for her application to proceed without paying filing fees. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Because Diomande did not submit the signed signature page, Judge Laura Taylor Swain dismissed the complaint without prejudice under Federal Rule of Civil Procedure 11(a). The opinion does not address the complaint's underlying claims.
The court also 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 fee-free status for an appeal and directed the Clerk of Court to enter judgment in the action.
Classification
This is a procedural order because the complaint was dismissed for failure to comply with a filing requirement, without reaching the merits of the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.