Ballout v. Benchakroun
- Laura Swain
- 1:25-cv-05575
- U.S. District Court · Southern District of New York
- 1
In Benjamin Ballout v. Yasmine Benchakroun, Judge Swain dismissed the complaint without prejudice because Ballout neither paid filing fees nor submitted an IFP application.
Benjamin Ballout's complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the $405 filing fee. The court also denied permission to proceed without paying fees for an appeal and directed entry of judgment.
What happened
In Benjamin Ballout v. Yasmine Benchakroun, the court gave Ballout 30 days to submit a completed request to proceed without paying the filing fee or to pay the required $405 fee.
Ballout did neither. The court dismissed the complaint without prejudice, meaning it was not permanently barred from being filed again, and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Ballout permission to proceed without paying fees for an appeal.
The detailed version
- Ballout v. Benchakroun · No. 1:25-cv-05575
- Laura Swain
- Sept. 2, 2025
Background
On July 14, 2025, the Court ordered Benjamin Ballout to submit a completed application to proceed without paying court fees or to pay the $405 filing fee required for a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Ruling
Ballout did not submit the fee-waiver application or pay the filing fee. The Court therefore dismissed the complaint without prejudice. The opinion does not state the claims made in the complaint or explain their merits.
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 permission to proceed without paying fees for an appeal. The Court also 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.