In Re: Lorraine Miller
- Laura Swain
- 1:24-cv-08616
- U.S. District Court · Southern District of New York
- 1
In re Lorraine Miller: Chief Judge Swain dismissed the complaint without prejudice because Miller neither paid filing fees nor submitted required forms.
Lorraine Miller's complaint was dismissed without prejudice because she did not submit the required fee-waiver materials or pay the filing fee. The court also denied permission to appeal without paying fees.
What happened
In Re: Lorraine Miller concerned a complaint filed in the Southern District of New York. The court had ordered Lorraine Miller to submit an application to proceed without paying fees and a required prisoner authorization, or to pay the filing fees.
Miller did not submit the required documents or pay the $405 filing fee within the time allowed by the court.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning it was not permanently barred on this ruling. The court also denied permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- In Re: Lorraine Miller · No. 1:24-cv-08616
- Laura Swain
- Jan. 17, 2025
Background
The court had previously ordered Lorraine Miller, within thirty days, to either submit a completed application to proceed without paying court fees and a prisoner authorization or pay the $405 required to file a civil action. The earlier order warned that failure to comply would result in dismissal.
Court’s ruling
The court found that Miller had neither filed the required application and authorization nor paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It also 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.