Dennis v. American Express Company
Horus Express Trust, on behalf of Dennis-Clarence/Corkscrew NY Inc. v. American Express Company, et al.
- Laura Swain
- 1:25-cv-08132
- U.S. District Court · Southern District of New York
- 2
Horus Express Trust v. American Express Company: Judge Swain dismissed the complaint without prejudice after Dennis failed to submit an amended fee-waiver request or pay filing fees.
The dismissal affects the complaint treated by the court as Dennis’s own case. The court did not reach the underlying claims against American Express Company or the other defendants; the dismissal was without prejudice. The court also denied permission to appeal without paying fees.
What happened
In Horus Express Trust, on behalf of Dennis-Clarence/Corkscrew NY Inc. v. American Express Company, et al., the court required Plaintiff to submit a completed request to proceed without paying filing fees or pay the required fees. The court had warned that failing to do so would lead to dismissal.
Plaintiff did neither. The court also explained that a trust cannot appear in federal court without a licensed lawyer and that a nonlawyer cannot represent another person or entity. Because Dennis signed the complaint, the court treated it as filed by Dennis on his own behalf.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. The court also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Dennis v. American Express Company · No. 1:25-cv-08132
- Laura Swain
- Dec. 1, 2025
Background
The court had previously ordered Plaintiff, within thirty days, either to submit a completed amended application to proceed without paying court fees or to pay the $405 filing fee required for a civil action. The earlier order warned that failure to comply would result in dismissal.
The opinion states that Plaintiff did not submit an amended application or pay the filing fee. A footnote further explains that the complaint said Horus Express Trust filed the case “on behalf of” Clarence Dennis and Corkscrew NY Inc. The court stated that an artificial entity such as a trust cannot proceed without a licensed attorney, and that a nonlawyer may represent only that person’s own interests. Because Dennis signed the complaint, the court construed the complaint as filed by Dennis on his own behalf.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against American Express Company or the other defendants. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.