Fitzpatrick v. Bowery Residence Corporation
- Laura Swain
- 1:25-cv-04168
- U.S. District Court · Southern District of New York
- 1
In Fitzpatrick v. Bowery Residence, Judge Swain dismissed the complaint without prejudice because Fitzpatrick neither requested a fee waiver nor paid the filing fee.
William Fitzpatrick’s complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee. The order also denied fee-free appeal status.
What happened
In Fitzpatrick v. Bowery Residence Corporation, the court had ordered William Fitzpatrick to submit an updated request to proceed without paying filing fees or to pay the $405 filing fee within 30 days.
Fitzpatrick did neither. The court’s earlier order warned that failing to comply would lead to dismissal of the complaint.
Judge Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied Fitzpatrick permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Fitzpatrick v. Bowery Residence Corporation · No. 1:25-cv-04168
- Laura Swain
- June 23, 2025
Background
On May 21, 2025, the Court ordered William Fitzpatrick to submit an amended application to proceed without paying the filing fee or to pay the $405 required to file a civil action. The order gave him 30 days and stated that failure to comply would result in dismissal of the complaint.
Court’s Ruling
Fitzpatrick did not file the application or pay the filing fee. The Court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling the complaint, although the opinion does not discuss any refiling requirements.
The Court also 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 fees. The Court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.