Scales v. Amazon
- Laura Swain
- 1:24-cv-09217
- U.S. District Court · Southern District of New York
- 1
In Scales v. Amazon, Judge Swain dismissed the complaint without prejudice because Scales neither paid the filing fee nor submitted a fee-waiver application.
William Scales's complaint against Amazon was dismissed without prejudice. The order also denied Scales permission to proceed without paying fees for an appeal.
What happened
In Scales v. Amazon, the court had ordered William Scales to submit an application to proceed without paying filing fees or pay the required $405 filing fee within 30 days.
Scales did neither. The court also stated that any appeal would not be taken in good faith and denied a fee waiver for an appeal.
Judge Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment.
The detailed version
- Scales v. Amazon · No. 1:24-cv-09217
- Laura Swain
- Feb. 13, 2025
Background
On December 10, 2024, the court directed William Scales either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The court warned that failing to comply would result in dismissal.
What the Court Did
Scales did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal and directed the Clerk of Court to enter judgment.
Classification
This is a procedural order because the case was dismissed for failure to satisfy the filing-fee or fee-waiver requirement, without deciding the underlying claims against Amazon.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.