Shipp v. Becerra
- Laura Swain
- 1:24-cv-08094
- U.S. District Court · Southern District of New York
- 2
In Shipp v. Becerra, Judge Swain dismissed the complaint without prejudice because Shipp did not comply with required filing conditions.
David M. Shipp’s complaint and this case were dismissed without prejudice. The court did not reach the claims against Xavier Becerra.
What happened
In Shipp v. Becerra, David M. Shipp was ordered to pay the $405 filing fee or apply to proceed without paying it, sign a required form, and provide a mailing address or email address.
Shipp did not comply with that order within the required thirty days. The court dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also said an appeal would not be taken in good faith and denied permission to proceed without paying appeal fees. The order did not decide the underlying claims.
The detailed version
- Shipp v. Becerra · No. 1:24-cv-08094
- Laura Swain
- Jan. 7, 2025
Background
On November 1, 2024, the court ordered David M. Shipp to do three things within thirty days: pay the $405 filing fee or submit an application to proceed without paying the fee; sign and submit a required certification and warnings form; and provide a mailing address or agree to receive court documents electronically and provide an email address. The order warned that failing to comply would result in dismissal of the complaint.
Shipp did not comply. The opinion states that because he provided neither a mailing address nor an email address, the Clerk of Court could not mail him a copy of the November 1 order. The Clerk was directed to provide the order and attachments if Shipp appeared at the court’s Pro Se Intake window.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment. The opinion does not address the merits of Shipp’s claims against Xavier Becerra.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.