Chaplin v. Gross Polowy LLC
- Laura Swain
- 1:25-cv-01161
- U.S. District Court · Southern District of New York
- 1
In Chaplin v. Gross Polowy LLC, Judge Swain dismissed the complaint without prejudice after Chaplin neither paid filing fees nor submitted an application to proceed without paying them.
Charlene Chaplin's complaint was dismissed without prejudice because she did not submit the required application to proceed without paying the filing fee or pay the $405 filing fee. The court also denied permission to appeal without paying fees.
What happened
In Chaplin v. Gross Polowy LLC, Charlene Chaplin was required to either pay the $405 filing fee or submit an application to proceed without paying it.
The court had given Chaplin 30 days to comply and warned that failing to do so would lead to dismissal. Chaplin did neither.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. The court also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Chaplin v. Gross Polowy LLC · No. 1:25-cv-01161
- Laura Swain
- May 14, 2025
Background
On February 11, 2025, the court ordered Charlene Chaplin to submit a completed application to proceed without paying the filing fee or to pay the $405 fee required to file a civil action. The order gave her 30 days to comply and stated that the complaint would be dismissed if she did not.
What the Court Did
The court found that Chaplin had not submitted the application or paid the fee. It therefore dismissed the complaint without prejudice, meaning the order did not bar refiling. The court also directed the clerk to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees. The opinion does not address the merits of Chaplin's claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.