Friedeberg v. The Manager of Southeast Area Transit Bus Co.
- Laura Swain
- 1:24-cv-09469
- U.S. District Court · Southern District of New York
- 1
In Friedeberg v. Manager of Southeast Area Transit (SEAT) Bus Co., Judge Swain dismissed the complaint without prejudice because Friedeberg neither paid filing fees nor submitted an IFP application.
Donna Friedeberg's complaint was dismissed without prejudice after she did not submit the required application to proceed without paying filing fees or pay the $405 filing fee. Fee-free status for an appeal was also denied.
What happened
In Friedeberg v. The Manager of Southeast Area Transit (SEAT) Bus Co., the court had ordered Donna Friedeberg to either submit an application to proceed without paying filing fees or pay the required $405 fee within thirty days.
Friedeberg did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar her from filing again.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Friedeberg v. The Manager of Southeast Area Transit Bus Co. · No. 1:24-cv-09469
- Laura Swain
- Jan. 16, 2025
Background
By an order dated December 12, 2024, the court directed Donna Friedeberg to submit a completed application to proceed without paying filing fees or to pay the $405 fee required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
The court found that Friedeberg had not submitted the application or paid the fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.