Xu v. Apple USA
- Laura Swain
- 1:21-cv-00770
- U.S. District Court · Southern District of New York
- 1
In Xu v. Apple, Judge Swain dismissed the complaint without prejudice because Xu neither paid the filing fee nor submitted an IFP application.
Jiahong Xu’s complaint was dismissed without prejudice because Xu did not pay the filing fee or submit an IFP application. Any appeal would not receive IFP status under this order.
What happened
In Xu v. Apple, the court had ordered Jiahong Xu to submit an application to proceed without paying filing fees or pay the required $400 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Xu did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
Judge Laura Taylor Swain ordered the dismissal and directed the clerk to mail Xu a copy of the order and record service on the docket.
The detailed version
- Xu v. Apple USA · No. 1:21-cv-00770
- Laura Swain
- June 22, 2021
Background
The court had previously ordered Jiahong Xu, within 30 days, either to submit a completed application to proceed without paying filing fees—called an IFP application—or to pay the $400 required to file a civil action. The earlier order stated that failure to comply would result in dismissal.
Court’s Action
The court found that Xu had neither submitted the IFP application nor paid the filing fee. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims against Apple.
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 IFP status for purposes of an appeal. The clerk was directed to mail Xu a copy of the order and record service on the docket.
Disposition
Judge Laura Taylor Swain dismissed the complaint without prejudice and denied IFP status for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.