Ludwig v. Department Of Social Services Human Resources Administration
- Laura Swain
- 1:24-cv-09302
- U.S. District Court · Southern District of New York
- 1
Ludwig v. Department of Social Services Human Resources Administration: Judge Swain dismissed the complaint without prejudice after Ludwig neither paid filing fees nor submitted a fee-waiver application.
Yolanda Ludwig's complaint was dismissed without prejudice because she did not pay the filing fee or submit the required application to waive it. The court also denied her permission to appeal without paying fees.
What happened
In Ludwig v. Department Of Social Services Human Resources Administration, the court gave Yolanda Ludwig 30 days to submit an application to waive the filing fee or pay the $405 required to file a civil case.
Ludwig did neither. The earlier order warned that failing to comply would lead to dismissal of the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the Clerk to enter judgment, and denied Ludwig permission to appeal without paying fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Ludwig v. Department Of Social Services Human Resources Administration · No. 1:24-cv-09302
- Laura Swain
- Jan. 22, 2025
Background
Yolanda Ludwig sued the Department of Social Services Human Resources Administration and the Centre Street Comptroller Office. On December 11, 2024, the court ordered Ludwig to submit a completed application to proceed without paying the filing fee or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
Court’s ruling
Ludwig did not submit the application or pay the fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not discuss any other requirements for a future filing.
Judge Laura Taylor Swain also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. 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.