Adams v. The People of the State of New York
- Laura Swain
- 1:24-cv-04543
- U.S. District Court · Southern District of New York
- 2
Adams v. People of New York: Judge Swain dismissed the complaint without prejudice after Adams neither paid filing fees nor submitted the required application.
Dimetreus Adams's complaint was dismissed without prejudice; the People of the State of New York and the other named defendants were not required to litigate the underlying claims in this order.
What happened
In Adams v. People of the State of New York, the court had required Dimetreus Adams to submit a corrected application to proceed without paying filing fees or to pay the $405 filing fee.
Adams did neither within the required thirty days, so the court dismissed the complaint without prejudice. The opinion also says a mailed copy of the earlier order was returned as undeliverable.
Judge Laura Taylor Swain directed the Clerk to enter judgment dismissing the case and denied Adams permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Adams v. The People of the State of New York · No. 1:24-cv-04543
- Laura Swain
- Apr. 25, 2025
Background
The court had previously ordered Dimetreus Adams to submit an amended application to proceed without paying the filing fee or to pay the $405 required to file a civil action. The earlier order gave Adams thirty days to comply and warned that the complaint would be dismissed if he did not.
The opinion states that Adams did not submit the amended application or pay the filing fee. It also states that, on January 17, 2025, the court mailed a copy of the earlier order to the most recent address Adams had provided, but the mailing was returned as undeliverable on February 6, 2025.
Ruling
Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment dismissing the case. Because the court certified that an appeal would not be taken in good faith, it denied Adams permission to appeal without paying the appellate filing fees under 28 U.S.C. § 1915(a)(3). The order did not decide the underlying claims.
Disposition
The complaint was dismissed without prejudice for failure to submit the required amended fee-waiver application or pay the filing fee. Permission to appeal without paying fees was denied.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.