Zubair v. ConEdison Company of NY
- Louis Stanton
- 1:20-cv-01313
- U.S. District Court · Southern District of New York
- 1
In Zubair v. Con Edison, Judge McMahon dismissed the action without prejudice after Zubair failed to submit required signatures and fee-waiver materials.
Ahmed Husain Zubair's action was dismissed without prejudice because he did not comply with the court's filing requirements. His request to proceed without paying fees on appeal was also denied.
What happened
In Zubair v. Con Edison, the court had ordered Ahmed Husain Zubair to resubmit complaint and electronic-service signature pages with original signatures and either pay the required filing fees or submit an amended fee-waiver application.
Zubair did not provide the signed pages, pay the fees, or submit the amended application. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Zubair v. ConEdison Company of NY · No. 1:20-cv-01313
- Louis Stanton
- Apr. 21, 2020
Background
The court had previously ordered Ahmed Husain Zubair to resubmit the signature pages of his complaint and his consent to electronic service of court documents with original signatures. The court also required him either to pay the relevant filing fees or submit an amended application to proceed without paying those fees. The orders stated that failure to comply would result in dismissal.
Ruling
Zubair did not submit the signed pages, pay the fees, or submit an amended fee-waiver application. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915 and Federal Rule of Civil Procedure 11(a). The court directed the clerk to mail the order to Zubair and record service on the docket.
The court also certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Judge
The order was signed by Chief United States District Judge Colleen McMahon.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.