Limanskyi v. White Plains Hospital
- Laura Swain
- 1:25-cv-02239
- U.S. District Court · Southern District of New York
- 1
Limanskyi v. White Plains Hospital: Judge Swain dismissed the action without prejudice after Limanskyi failed to pay fees or submit required documents.
Kostiantyn Limanskyi's action against White Plains Hospital and the other named defendants was dismissed without prejudice; permission to appeal without paying filing fees was denied.
What happened
In Limanskyi v. White Plains Hospital, the court ordered Kostiantyn Limanskyi to complete a prisoner authorization or pay the required filing fees and to submit a signed signature page for his complaint.
The court warned that failing to comply within 30 days would lead to dismissal. Limanskyi did not submit the authorization, pay the $405 filing fee, or submit the signed signature page.
The court dismissed the action without prejudice and denied permission to appeal without paying fees. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.
The detailed version
- Limanskyi v. White Plains Hospital · No. 1:25-cv-02239
- Laura Swain
- May 20, 2025
Background
By orders dated March 20, 2025, the court directed Kostiantyn Limanskyi to complete a prisoner authorization or pay the $405 filing fee required to bring a civil action. The court also directed him to submit a signed signature page for his complaint. The orders stated that failing to comply within 30 days would result in dismissal.
What the Court Decided
The court found that Limanskyi had not filed the prisoner authorization, paid the filing fee, or submitted the signed signature page. It therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915 and Federal Rule of Civil Procedure 11(a). “Without prejudice” means the dismissal does not itself bar a later refiling, although the opinion does not address any other requirements for doing so.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.