Adeniji v. Online Taxes, Inc.
- Colleen McMahon
- 1:20-cv-02405
- U.S. District Court · Southern District of New York
- 1
In Adeniji v. Online Taxes, Inc., Judge McMahon dismissed the complaint without prejudice after Plaintiff neither paid filing fees nor submitted an application to proceed without fees.
Plaintiff's complaint was dismissed without prejudice because Plaintiff did not pay the filing fees or submit the required application to proceed without paying them. Permission to appeal without paying fees was also denied.
What happened
In Adeniji v. Online Taxes, Inc., the court ordered Plaintiff to submit an application to proceed without paying filing fees or pay the required $400 in filing fees within 30 days.
Plaintiff did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Plaintiff permission to appeal without paying fees.
The detailed version
- Adeniji v. Online Taxes, Inc. · No. 1:20-cv-02405
- Colleen McMahon
- June 4, 2020
Background
On March 23, 2020, the court directed Plaintiff to either submit a completed application to proceed without paying filing fees, commonly called an IFP application, or pay the $400 required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Plaintiff did not submit the application or pay the filing fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order does not address the substance of Plaintiff’s claims against Online Taxes, Inc.
The court also certified under 28 U.S.C. § 1915(a)(3) that an 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 Plaintiff and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.