Nwaogu v. Dr. Kalimulina
- Laura Swain
- 1:25-cv-05169
- U.S. District Court · Southern District of New York
- 1
In Nwaogu v. Dr. Kalimulina, Judge Swain dismissed the complaint without prejudice after Nwaogu neither filed authorization nor paid the required fees.
Uchemmadu Nwaogu’s complaint was dismissed without prejudice, and the court denied fee-free status for an appeal; the clerk was directed to enter judgment.
What happened
In Nwaogu v. Dr. Kalimulina, the court had ordered the plaintiff to submit a completed prisoner authorization or pay $405 in fees within 30 days to continue the case.
The plaintiff did neither. The court’s order said that failing to comply would lead to dismissal of the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Nwaogu v. Dr. Kalimulina · No. 1:25-cv-05169
- Laura Swain
- Aug. 12, 2025
Background
The court had previously directed the plaintiff, within 30 days, to submit a completed prisoner authorization or pay $405 in fees if he wanted to continue the action. That order warned that failing to comply would result in dismissal of the complaint.
Compliance and Ruling
The plaintiff did not file the authorization or pay the fees. The court therefore dismissed the complaint without prejudice. The court also directed the clerk to enter judgment.
Appeal Status
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 fee-free status for purposes of an appeal.
Scope of the Decision
The order dismissed the complaint based on the plaintiff’s failure to comply with the filing-fee or authorization requirement. The opinion does not address the underlying claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.