Khan v. LT Hospitality Management, Inc.
- Laura Swain
- 1:25-cv-03990
- U.S. District Court · Southern District of New York
- 1
In Khan v. LT Hospitality, Judge Swain dismissed the complaint without prejudice after Khan neither completed his fee-waiver request nor paid filing fees.
Md Mamun Khan's complaint was dismissed without prejudice because he neither submitted the required completed fee-waiver application nor paid the $405 filing fee. Any appeal would not receive fee-waiver status under this order.
What happened
In Khan v. LT Hospitality Management, Inc., the court gave Md Mamun Khan 30 days to submit a completed request to waive the filing fee or pay the required $405 fee. The court warned that failing to do so would lead to dismissal.
Khan did not submit the completed request or pay the fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-waiver status for any appeal. She directed the clerk to enter judgment.
The detailed version
- Khan v. LT Hospitality Management, Inc. · No. 1:25-cv-03990
- Laura Swain
- July 22, 2025
Background
By an order dated May 21, 2025, the court directed Md Mamun Khan to do one of two things within 30 days: submit an amended and completed application to proceed without paying the filing fee, or pay the $405 required to file a civil action. The court warned that failing to comply would result in dismissal.
Ruling
Khan did not submit an amended application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore ended the case at that stage without deciding the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Swain directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.