Karba v. Karba
- Laura Swain
- 1:24-cv-09879
- U.S. District Court · Southern District of New York
- 1
In Karba v. Karba, Judge Swain dismissed the complaint without prejudice because Thomas C. Karba neither paid the filing fee nor submitted a request to proceed without paying.
Thomas C. Karba's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required application to proceed without paying. The court also denied permission to appeal without paying fees.
What happened
In Karba v. Karba, the court had ordered Thomas C. Karba to submit a completed request to proceed without paying filing fees or pay the $405 filing fee within 30 days.
Thomas C. Karba did neither. The court had warned that failing to comply would result in dismissal of the complaint.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied permission to appeal without paying fees and directed the clerk to enter judgment.
The detailed version
- Karba v. Karba · No. 1:24-cv-09879
- Laura Swain
- Feb. 24, 2025
Background
By an order dated January 6, 2025, the court directed Plaintiff Thomas C. Karba to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, or pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Plaintiff did not submit the application or pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for a later case.
The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.