Calixte v. Commissioner of Social Security
- Laura Swain
- 1:24-cv-09588
- U.S. District Court · Southern District of New York
- 1
In Calixte v. Commissioner, Judge Swain dismissed the complaint without prejudice after Calixte neither paid the filing fee nor submitted a fee-waiver application.
Charles D. Calixte's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required fee-waiver application. Fee-waiver status was also denied for any appeal.
What happened
In Calixte v. Commissioner of Social Security, the court ordered Charles D. Calixte to submit a completed application to waive the filing fee or pay the required $405 filing fee within 30 days.
Calixte did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The opinion does not address the underlying Social Security issues.
Judge Laura Taylor Swain also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Calixte v. Commissioner of Social Security · No. 1:24-cv-09588
- Laura Swain
- Feb. 7, 2025
Background
By an order dated December 20, 2024, the court directed Charles D. Calixte to file a completed application to proceed without paying the filing fee, known as an application to proceed in forma pauperis, or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
The court found that Calixte had not filed the fee-waiver application or paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying Social Security claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. It also directed the clerk to enter judgment. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.