Murray McIver v. HHA of Westchester
- Laura Swain
- 1:25-cv-00362
- U.S. District Court · Southern District of New York
- 1
In Murray McIver v. HHA of Westchester, Judge Swain dismissed the complaint without prejudice after Plaintiff neither submitted a fee-waiver application nor paid the filing fees.
The complaint filed by Tamicko D. Murray McIver was dismissed without prejudice because the required fee-waiver application or filing fee was not submitted.
What happened
In Murray McIver v. HHA of Westchester, the court dismissed Tamicko D. Murray McIver’s complaint without prejudice.
The court had previously ordered Plaintiff to submit an application to proceed without paying filing fees or pay the required $405 filing fee within thirty days. Plaintiff did neither.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment and denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Murray McIver v. HHA of Westchester · No. 1:25-cv-00362
- Laura Swain
- Feb. 28, 2025
Background
On January 17, 2025, the court ordered Plaintiff to either submit a request to proceed without paying filing fees, called an application to proceed in forma pauperis (IFP), or pay the $405 filing fee required to bring a civil action in the court. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Plaintiff did not submit an IFP application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.