Tohafjian v. Werlau
- Laura Swain
- 1:25-cv-04284
- U.S. District Court · Southern District of New York
- 1
In Tohafjian v. Werlau, Judge Swain granted Tohafjian’s withdrawal request and dismissed the complaint without prejudice, without charging the filing fee.
Emerson Tohafjian’s complaint was dismissed without prejudice at his request. He was not to be charged the $350 filing fee, and no funds were to be deducted from his prison trust account for the lawsuit. The defendants were affected by the dismissal of the action.
What happened
Tohafjian v. Werlau began when Emerson Tohafjian filed a complaint against J. Werlau, M. Miller, and D. Martuscello, III. He later sent the court a letter saying he wanted to withdraw the case.
The court granted his request and dismissed the complaint without prejudice, meaning the dismissal did not bar a future filing. The court also directed that Tohafjian not be charged the $350 filing fee and that no money be taken from his prison trust account for this lawsuit.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying the usual fees.
The detailed version
- Tohafjian v. Werlau · No. 1:25-cv-04284
- Laura Swain
- June 10, 2025
Background
Emerson Tohafjian sued J. Werlau, M. Miller, and D. Martuscello, III. The court received Tohafjian’s letter, dated May 22, 2025, stating that he wanted to withdraw the action.
Ruling
The court granted Tohafjian’s request to withdraw the action and dismissed the complaint without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure. A dismissal without prejudice does not bar a later filing of the action.
The court directed the Clerk of Court not to charge Tohafjian the $350 filing fee. It also directed the Warden or Superintendent having custody of Tohafjian not to deduct funds from his prison trust account for this lawsuit.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the required fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.