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S.D.N.Y.Procedural orderFiled Dec. 21, 2020

Hoffman v. United Airlines Holdings Inc.

Judge
Colleen McMahon
Docket
1:20-cv-08776
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Hoffman v. United Airlines Holdings, Judge McMahon dismissed the complaint without prejudice because Hoffman neither paid the fee nor submitted the required waiver application.

Who this affects

Chandel Richard Hoffman, whose complaint was dismissed without prejudice; United Airlines Holdings, Inc. was the named defendant.

What happened

In Hoffman v. United Airlines Holdings, the court required Chandel Richard Hoffman to either pay the fee for filing a civil case or submit an application to proceed without paying it.

The court had given Hoffman thirty days to comply and warned that failing to do so would lead to dismissal. Hoffman did neither.

Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for any appeal.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hoffman v. United Airlines Holdings Inc. · No. 1:20-cv-08776
Judge
Colleen McMahon
Date
Dec. 21, 2020

Background

On November 2, 2020, the court ordered Chandel Richard Hoffman to submit a completed application to proceed without paying filing fees or pay the $400 fee required to file a civil action. The order warned that the complaint would be dismissed if Hoffman did not comply within thirty days.

Hoffman did not submit the application or pay the fee.

Ruling

The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order did not address the merits of the complaint.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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