Azcona v. Federal Burea of Inv.
- Laura Swain
- 1:24-cv-08905
- U.S. District Court · Southern District of New York
- 1
Azcona v. Federal Bureau of Inv.: Judge Swain dismissed the action without prejudice because Azcona neither paid filing fees nor submitted an IFP application.
Daniel Azcona's action was dismissed without prejudice because he did not pay the filing fee or submit the required application to proceed without paying fees. His request to appeal without paying appellate fees was also denied.
What happened
In Daniel Azcona v. Federal Bureau of Inv., the court ordered Azcona to submit an application to proceed without paying filing fees or pay the required $405 fee.
The court had given Azcona 30 days to comply and warned that failing to do so would result in dismissal. Azcona did neither.
Judge Swain dismissed the action without prejudice and directed the Clerk of Court to enter judgment. She also denied Azcona permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Azcona v. Federal Burea of Inv. · No. 1:24-cv-08905
- Laura Swain
- Feb. 3, 2025
Background
On December 3, 2024, the Court directed Plaintiff Daniel Azcona to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The order gave him 30 days to comply and stated that the action would be dismissed if he failed to do so.
Ruling
Azcona did not submit the application or pay the filing fee. The Court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. This means the dismissal did not bar refiling, although the opinion does not discuss any requirements for doing so.
Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying appellate fees. The Court directed the Clerk of Court to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.