IN RE: Richard Arvalis Wright
- Laura Swain
- 1:24-cv-09299
- U.S. District Court · Southern District of New York
- 1
In re Richard Arvalis Wright: Judge Swain dismissed the complaint without prejudice after Wright neither filed an application to proceed without fees nor paid filing fees.
Richard Arvalis Wright and the complaint he filed; the court directed that judgment be entered.
What happened
In In re: Richard Arvalis Wright, the court had ordered Wright to either submit an application to proceed without paying the filing fee or pay the required $405 fee.
Wright did neither within the required thirty days, so the court dismissed the complaint without prejudice. This means the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied Wright permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- IN RE: Richard Arvalis Wright · No. 1:24-cv-09299
- Laura Swain
- Mar. 18, 2025
Background
The court had previously ordered Plaintiff, within thirty days, to either submit a completed application to proceed without paying the filing fee or pay the $405 in fees required to file a civil action. The earlier order warned that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Plaintiff did not submit the application or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling.
Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The court also directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.