Friedeberg v. Rand McNally Corp.
- Laura Swain
- 1:24-cv-09780
- U.S. District Court · Southern District of New York
- 1
In Friedeberg v. Rand McNally Corp., Judge Swain dismissed the complaint without prejudice after Plaintiff neither paid the filing fee nor submitted an application to proceed without paying it.
Plaintiff Donna L. Friedeberg’s complaint against Rand McNally Corp. was dismissed without prejudice because she did not pay the filing fee or submit the required fee-waiver application. The court also denied permission to appeal without paying fees.
What happened
In Friedeberg v. Rand McNally Corp., the court had ordered Plaintiff to either pay the $405 filing fee or submit a completed application to proceed without paying the fee. The deadline was 30 days.
Plaintiff did neither. The court said the earlier order warned that failing to comply would lead to dismissal.
Judge Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. The court also denied Plaintiff permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Friedeberg v. Rand McNally Corp. · No. 1:24-cv-09780
- Laura Swain
- Jan. 28, 2025
Background
The court had previously directed Plaintiff to submit a completed application to proceed without paying court fees or to pay the $405 fee required to file a civil action. The December 19, 2024, order gave Plaintiff 30 days to comply and warned that failure to do so would result in dismissal.
Court’s Ruling
Plaintiff did not submit the fee-waiver application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any refiling requirements.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees. It also directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.