Dawkins v. Nike Media Relations
- Louis Stanton
- 1:21-cv-00657
- U.S. District Court · Southern District of New York
- 1
In Dawkins v. Nike Media Relations, Judge Stanton dismissed the complaint without prejudice after Dawkins neither paid the filing fee nor submitted an application to proceed without paying it.
Jermaine A. Dawkins's complaint was dismissed without prejudice because he did not submit the required application to proceed without paying filing fees or pay the $402 filing fee. Nike Media Relations was the named defendant. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Dawkins v. Nike Media Relations, the court gave Jermaine A. Dawkins 30 days to submit an application to proceed without paying filing fees or pay the $402 filing fee required for a civil case. The court warned that failing to do so would result in dismissal.
Dawkins did not submit the application or pay the fee. The opinion does not describe the claims against Nike Media Relations.
Judge Louis L. Stanton dismissed the complaint without prejudice. The court also said any appeal would not be taken in good faith and denied Dawkins permission to proceed without paying fees for an appeal.
The detailed version
- Dawkins v. Nike Media Relations · No. 1:21-cv-00657
- Louis Stanton
- Mar. 26, 2021
Background
Jermaine A. Dawkins brought a civil action against Nike Media Relations. The opinion does not describe the substance of Dawkins's claims.
By an order dated January 27, 2021, the court directed Dawkins, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $402 required to file a civil action in the court. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Dawkins did neither. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for a future case.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to mail the order to Dawkins and record service on the docket.
Date note
The supplied case metadata lists March 26, 2021 as the filing date, while the signed order is dated March 25, 2021. The header uses the date on the opinion itself.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.