Pettigrew v. Hall of Fame Home Buyers LLC
- Laura Swain
- 1:25-cv-03603
- U.S. District Court · Southern District of New York
- 1
In Pettigrew v. Hall of Fame Home Buyers LLC, Judge Swain dismissed the complaint without prejudice after Pettigrew neither submitted a required fee-waiver request nor paid filing fees.
Isaac Pettigrew’s complaint was dismissed without prejudice because he neither submitted the required amended fee-waiver request nor paid the filing fee. The court also denied fee-waiver status for any appeal.
What happened
In Pettigrew v. Hall of Fame Home Buyers LLC, the court had ordered Isaac Pettigrew to submit an amended request to waive the filing fee or pay the required $405 fee for starting a civil case.
The court’s earlier order gave Pettigrew thirty days to comply and warned that the complaint would be dismissed if he did not. Pettigrew did neither.
Judge Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. The court also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Pettigrew v. Hall of Fame Home Buyers LLC · No. 1:25-cv-03603
- Laura Swain
- June 16, 2025
Background
Isaac Pettigrew filed a civil complaint against Hall of Fame Home Buyers LLC. On May 6, 2025, the court ordered Pettigrew either to submit an amended request to proceed without paying the filing fee or to pay the $405 fee required to file a civil action. The order gave him thirty days to comply and stated that the complaint would be dismissed if he did not.
Court’s Ruling
Pettigrew did not submit an amended request to proceed without paying the filing fee and did not pay the required fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not discuss any other requirements for a future filing.
The court certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. It directed the clerk to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.