No v. Facebook
- Colleen McMahon
- 1:19-cv-11406
- U.S. District Court · Southern District of New York
- 1
In No v. Facebook, Judge McMahon dismissed the complaint without prejudice because the plaintiff neither submitted a new fee-waiver application nor paid filing fees.
Jeong-Suk No’s complaint was dismissed without prejudice, and fee-waiver status was denied for any appeal. The order did not resolve the claims against Facebook, Gmail, Yahoo Email, Google, Skype, or Apple.
What happened
In No v. Facebook, Jeong-Suk No sued Facebook, Gmail, Yahoo Email, Google, Skype, and Apple in the Southern District of New York.
The court had ordered No to submit an amended application to waive the filing fees or pay the required $400. No did neither within the deadline.
Chief Judge Colleen McMahon dismissed the complaint without prejudice and denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- No v. Facebook · No. 1:19-cv-11406
- Colleen McMahon
- Jan. 24, 2020
Background
On December 16, 2019, the court directed Jeong-Suk No to submit an amended application to proceed without paying filing fees or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
No did not submit an amended fee-waiver application or pay the filing fees. Chief United States District Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The order did not decide the substance of No’s claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.