Delo v. JPMorgan Chase & Co.
- Denise Cote
- 1:20-cv-10039
- U.S. District Court · Southern District of New York
- 1
In Delo v. JPMorgan Chase, Chief Judge McMahon dismissed the complaint without prejudice after Delo neither paid the fee nor submitted a fee-waiver application.
Benjamin J. Delo's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required fee-waiver application. His request to proceed without paying fees on appeal was also denied.
What happened
In Delo v. JPMorgan Chase & Co., the court ordered Benjamin J. Delo to submit an application to waive the filing fee or pay the required $400 fee within 30 days.
Delo did neither. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not permanently bar refiling.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Delo permission to proceed without paying appellate fees.
The detailed version
- Delo v. JPMorgan Chase & Co. · No. 1:20-cv-10039
- Denise Cote
- Feb. 11, 2021
Background
The court had previously directed Benjamin J. Delo, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $400 fee required to file a civil action. The order warned that failing to do so would result in dismissal.
Ruling
The court found that Delo had not submitted the fee-waiver application or paid the filing fee. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the clerk to mail Delo a copy of the order and record service on the docket.
Appeal and Effect
Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for an appeal. The opinion does not address the substance of Delo's claims against JPMorgan Chase & Co. or the other defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.