Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. v. Piazza
- Laura Swain
- 1:21-cv-01622
- U.S. District Court · Southern District of New York
- 2
Bronx Miracle Gospel Tabernacle v. Piazza: Judge McMahon dismissed three plaintiffs’ claims without prejudice for not paying fees or requesting fee relief.
Keith Elijah Thompson, Yvonne Mae Thompson, and Jeannette Y. Brown had their claims dismissed without prejudice; Bernel Arthur Richardson’s claims will proceed.
What happened
In Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. v. Piazza, the court had ordered Keith Elijah Thompson, Yvonne Mae Thompson, and Jeannette Y. Brown to submit applications to proceed without paying the filing fee or pay the required $402 fee.
None of those plaintiffs submitted an application or paid the fee, so the court dismissed their claims without prejudice. The claims brought by Bernel Arthur Richardson will proceed.
Chief Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied fee relief for an appeal.
The detailed version
- Bronx Miracle Gospel Tabernacle Word of Faith Ministries, Inc. v. Piazza · No. 1:21-cv-01622
- Laura Swain
- Apr. 8, 2021
Background
The court had previously directed Keith Elijah Thompson, Yvonne Mae Thompson, and Jeannette Y. Brown each to submit a completed application to proceed without prepaying court fees or to pay the $402 filing fee required for a civil action. The earlier order warned that failing to comply would result in dismissal of their claims.
Ruling
Because those plaintiffs neither submitted the applications nor paid the filing fee, the court dismissed the claims brought on their behalf without prejudice. The claims brought by Bernel Arthur Richardson will proceed.
The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk of Court was directed to mail the order to the plaintiffs and record service on the docket.
Effect
The dismissal applies to the claims of Keith Elijah Thompson, Yvonne Mae Thompson, and Jeannette Y. Brown and does not bar refiling based on the court’s use of the term “without prejudice.” Bernel Arthur Richardson’s claims remain pending.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.