Murray McIver v. Trevino
- Laura Swain
- 1:25-cv-00219
- U.S. District Court · Southern District of New York
- 1
Murray McIver v. Trevino: Judge Swain dismissed the complaint without prejudice after plaintiff neither sought a fee waiver nor paid filing fees.
Tamicko D. Murray McIver’s complaint was dismissed without prejudice because the plaintiff neither submitted the required fee-waiver application nor paid the $405 filing fee. The plaintiff was also denied permission to appeal without paying fees.
What happened
In Murray McIver v. Trevino, the court had ordered the plaintiff to submit an application to waive the filing fee or pay the required $405 fee within 30 days.
The plaintiff did neither. The order had warned that failing to comply would lead to dismissal of the complaint.
The court dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. Judge Swain also denied the plaintiff permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Murray McIver v. Trevino · No. 1:25-cv-00219
- Laura Swain
- Feb. 28, 2025
Background
On January 17, 2025, the court ordered Tamicko D. Murray McIver to submit a completed application to proceed without paying the filing fee or to pay the $405 required to file a civil action. The order gave the plaintiff 30 days and warned that failing to comply would result in dismissal.
Court’s Ruling
The plaintiff did not submit the fee-waiver application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any requirements for doing so.
The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court directed the Clerk of Court to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.