Queiroz v. The State of New York
- Laura Swain
- 1:21-cv-04173
- U.S. District Court · Southern District of New York
- 2
Queiroz v. New York: Judge Swain dismissed the complaint without prejudice after Queiroz failed to pay the filing fee or submit required forms.
Christopher Queiroz’s complaint was dismissed without prejudice; the appeal-fee waiver was also denied.
What happened
In Queiroz v. The State of New York, the court had ordered Christopher Queiroz to pay the required filing fees or submit a completed request to proceed without paying them, along with a required prisoner authorization.
The order was returned as undeliverable, public records showed that Queiroz was no longer in the custody of the New York City Department of Correction, and he did not contact the court or provide a new mailing address.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Queiroz v. The State of New York · No. 1:21-cv-04173
- Laura Swain
- June 29, 2021
Background
Christopher Queiroz filed a civil complaint without paying the filing fee and requested permission to proceed without paying court fees under 28 U.S.C. § 1915(a)(1). On May 13, 2021, the court ordered him either to pay the $402.00 filing fee or submit a completed fee-waiver request and prisoner authorization within 30 days.
The court’s order was returned on May 27, 2021, marked as undeliverable. Public records from the New York City Department of Correction showed that Queiroz was no longer in its custody. He did not comply with the court’s order, notify the court of a new mailing address, or make further contact with the court.
Ruling
The court dismissed Queiroz’s complaint without prejudice because he failed to comply with the filing-fee or fee-waiver requirements and did not keep the court informed of his address. 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 appeal without paying fees. The Clerk of Court was directed to mail Queiroz a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.