El Bey v. Lopez
- Louis Stanton
- 1:19-cv-09978
- U.S. District Court · Southern District of New York
- 2
In El Bey v. Lopez, Judge McMahon dismissed Abdul Hadi El Bey’s claims without prejudice after he neither paid fees nor filed the required application.
Abdul Hadi El Bey’s claims were dismissed without prejudice because he neither paid the filing fees nor filed the required fee-waiver application. The opinion does not state that Aqueelah Sovereign El Bey’s claims were dismissed.
What happened
In El Bey v. Lopez, the plaintiffs did not pay the required filing fees or submit a completed application allowing Abdul Hadi El Bey to proceed without paying those fees. The court had previously given him 30 days to do one of those things and warned that failing to comply would result in dismissal of his claims.
The court dismissed Abdul Hadi El Bey’s claims without prejudice. The order does not state that the claims of the other plaintiff were dismissed. The court also denied fee-waiver status for an appeal, certifying that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon issued the order on December 23, 2019. The Clerk of Court was directed to mail the order to the plaintiffs and record service on the docket.
The detailed version
- El Bey v. Lopez · No. 1:19-cv-09978
- Louis Stanton
- Dec. 23, 2019
Background
Abdul Hadi El Bey and Aqueelah Sovereign El Bey filed the action without an application from Abdul Hadi El Bey to proceed without paying filing fees. In an earlier order dated October 30, 2019, the court directed the plaintiffs either to pay $400 in filing fees or to have Abdul Hadi El Bey submit a completed and signed application for permission to proceed without paying those fees. The earlier order warned that failing to comply would result in dismissal of Abdul Hadi El Bey’s claims.
The plaintiffs did not pay the fees, and Abdul Hadi El Bey did not file the required application.
Ruling
The court dismissed Abdul Hadi El Bey’s claims without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal does not itself bar refiling the claims, although the opinion does not address any other requirements for a future case. The order does not state that Aqueelah Sovereign El Bey’s claims were dismissed.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to mail the order to the plaintiffs and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.