Mayfield v. Rossi
- Laura Swain
- 1:24-cv-07179
- U.S. District Court · Southern District of New York
- 1
In Mayfield v. Rossi, Judge Swain dismissed the complaint without prejudice because Mayfield neither requested to proceed without paying fees nor paid the required filing fees.
The dismissal affected Shauntay Acura Mayfield's complaint. The order did not bar refiling, but it denied permission to appeal without paying appellate fees.
What happened
Mayfield v. Rossi involved an order requiring the plaintiff, within 30 days, either to submit a completed request to proceed without paying filing fees or to pay the $405 civil filing fee.
The plaintiff did neither. The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied the plaintiff permission to appeal without paying fees, directed the clerk to enter judgment, and stated that any appeal would not be taken in good faith.
The detailed version
- Mayfield v. Rossi · No. 1:24-cv-07179
- Laura Swain
- Feb. 13, 2025
Background
On October 29, 2024, the court ordered Shauntay Acura Mayfield, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action in the court. The order warned that failing to comply would result in dismissal.
Ruling
The court found that Mayfield had neither submitted the application nor paid the filing fees. It therefore dismissed the complaint without prejudice. The court also directed the clerk to enter judgment.
Appeal-fee 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 appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.