Rice v. New York City Housing Authority
- Laura Swain
- 1:25-cv-04796
- U.S. District Court · Southern District of New York
- 1
In Rice v. New York City Housing Authority, Judge Swain dismissed the complaint without prejudice because Rice neither paid filing fees nor submitted an IFP application.
Nicole M. Rice's complaint was dismissed without prejudice because she did not submit the required fee-waiver application or pay the filing fees. Her request to proceed without paying fees on appeal was also denied.
What happened
In Rice v. New York City Housing Authority, the court had ordered Nicole M. Rice to submit an application to proceed without paying filing fees or to pay the $405 required to file a civil case. Rice did neither within the required thirty days.
The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain stated that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Rice v. New York City Housing Authority · No. 1:25-cv-04796
- Laura Swain
- Aug. 12, 2025
Background
By an order dated June 17, 2025, the court directed Nicole M. Rice to submit a completed application to proceed without paying filing fees or to pay the $405 filing fee required for a civil action. The order warned that failure to comply would result in dismissal of the complaint. Rice did not submit the application or pay the fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. It 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.