Burroughs v. Bank of America, N.A.
- Laura Swain
- 1:25-cv-03127
- U.S. District Court · Southern District of New York
- 1
In Burroughs v. Bank of America, Judge Swain dismissed the complaint without prejudice because Burroughs neither paid filing fees nor requested a fee waiver.
Derrick Ramone Burroughs's complaint was dismissed without prejudice; the order also denied permission to appeal without paying fees.
What happened
Burroughs v. Bank of America, N.A. was dismissed after the plaintiff did not pay the required filing fees or submit the required request to proceed without paying them.
The court had given the plaintiff 30 days to pay $405 or submit a completed application to proceed without paying the fees. He submitted other applications but did neither of those things.
Judge Laura Taylor Swain dismissed the complaint without prejudice and denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Burroughs v. Bank of America, N.A. · No. 1:25-cv-03127
- Laura Swain
- May 16, 2025
Background
On April 15, 2025, the court ordered Derrick Ramone Burroughs to either pay the $405 filing fee for a civil action or submit a completed application to proceed without paying the fee. The order gave him 30 days and warned that failing to comply would result in dismissal.
Burroughs submitted numerous applications, but he did not submit the required application to proceed without paying the fee and did not pay the filing fee. He argued that the court's request for a fee conflicted with conditions under which the proceeding had been authorized.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. Judgment was entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.