Henry Scully v. Dr. Hoffman
- Laura Swain
- 1:24-cv-07745
- U.S. District Court · Southern District of New York
- 1
In Tara E. Henry Scully v. Dr. Hoffman, Chief Judge Swain dismissed the complaint without prejudice because Plaintiff neither submitted an amended fee-waiver application nor paid filing fees.
Plaintiff's complaint was dismissed without prejudice because Plaintiff did not submit the required amended fee-waiver application or pay the filing fee. Plaintiff was also denied fee-waiver status for an appeal.
What happened
In Tara E. Henry Scully v. Dr. Hoffman, the court had ordered Plaintiff to submit an amended application to proceed without paying filing fees or to pay the required fees for the civil case.
The order gave Plaintiff thirty days and warned that failing to comply would lead to dismissal. Plaintiff did not submit the amended application or pay the fees.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the Clerk of Court to enter judgment, and denied fee-waiver status for any appeal after finding that an appeal would not be taken in good faith.
The detailed version
- Henry Scully v. Dr. Hoffman · No. 1:24-cv-07745
- Laura Swain
- Jan. 16, 2025
Background
The court had previously directed Plaintiff, within thirty days, either to submit an amended application to proceed without paying filing fees—called an application to proceed in forma pauperis, or IFP—or to pay the $405 filing fee required to bring a civil action in the court. The earlier order warned that failure to comply would result in dismissal.
Plaintiff’s Noncompliance
Plaintiff did not file an amended IFP application and did not pay the required fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not describe any future filing requirements.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.