Vitalis v. IC System, Inc.
- Laura Swain
- 1:25-cv-01104
- U.S. District Court · Southern District of New York
- 1
In Vitalis v. IC Systems, Inc., Chief Judge Swain dismissed the complaint without prejudice because Vitalis neither paid filing fees nor submitted an IFP application.
Justina Vitalis, whose complaint was dismissed without prejudice for not submitting an IFP application or paying the required filing fees. Any appeal would not qualify for IFP status under this order.
What happened
In Vitalis v. IC Systems, Inc., the court had ordered Justina Vitalis to either submit a request to proceed without paying filing fees or pay the required filing fees.
Vitalis did neither within the required thirty-day period. The opinion does not address the underlying claims against IC Systems, Inc.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied Vitalis permission to appeal without paying fees because the court found that any appeal would not be taken in good faith.
The detailed version
- Vitalis v. IC System, Inc. · No. 1:25-cv-01104
- Laura Swain
- Apr. 7, 2025
Background
The court had previously ordered Justina Vitalis, within thirty days, either to submit a request to proceed without paying filing fees, called an application to proceed in forma pauperis (IFP), or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Vitalis did not submit an IFP application or pay the filing fees. Chief United States District Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims.
The court certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. It 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.