Zubair v. Bank of America
- Louis Stanton
- 1:20-cv-01308
- U.S. District Court · Southern District of New York
- 2
In Zubair v. Bank of America, Judge McMahon dismissed the complaint without prejudice because Zubair paid neither the filing fee nor submitted an amended fee-waiver application.
Ahmed Husain Zubair's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required amended fee-waiver application. Any appeal would not receive fee-waiver status under the court's certification.
What happened
In Zubair v. Bank of America, the court had ordered Ahmed Husain Zubair to provide an original signature and either pay the $400 filing fee or submit an amended application to waive the fee. The order warned that failing to comply would lead to dismissal.
Zubair provided the signed signature page but did not pay the filing fee or submit the amended fee-waiver application. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-waiver status for any appeal because it certified that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon issued the order on April 27, 2020, and directed the Clerk of Court to mail it to Zubair and record service on the docket.
The detailed version
- Zubair v. Bank of America · No. 1:20-cv-01308
- Louis Stanton
- Apr. 27, 2020
Background
By an order dated February 24, 2020, the court directed Plaintiff Ahmed Husain Zubair to resubmit the complaint’s signature page with an original signature. The court also required him either to pay the $400 filing fee required for a civil action or to submit a completed amended application to proceed without paying the fee. The court warned that failure to comply would result in dismissal.
On March 9, 2020, Zubair submitted a signed signature page. The opinion states that he did not pay the filing fee and did not submit an amended fee-waiver application.
Ruling
Chief Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order also directed the Clerk of Court to mail a copy to Zubair and note service on the docket.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied fee-waiver status for purposes of an appeal. The opinion does not address the merits of Zubair’s claims against Bank of America or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.