Jones v. Logan
- Laura Swain
- 1:21-cv-02927
- U.S. District Court · Southern District of New York
- 1
In Jones v. Logan, Judge Swain dismissed Rafael Arden Jones’s complaint without prejudice for not submitting the required authorization or paying the filing fee.
Rafael Arden Jones’s complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the $400 filing fee. His request to appeal without paying fees was also denied.
What happened
In Jones v. Logan, the court had ordered Rafael Arden Jones to submit a completed prisoner authorization or pay the $400 filing fee within 30 days.
Jones did neither. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied him a fee waiver for an appeal and found that an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain issued the dismissal on June 23, 2021, and directed the Clerk of Court to mail Jones a copy of the order and record service on the docket.
The detailed version
- Jones v. Logan · No. 1:21-cv-02927
- Laura Swain
- June 23, 2021
Background
By an order dated May 21, 2021, the court directed Plaintiff Rafael Arden Jones to submit a completed prisoner authorization within 30 days or pay the $400 fee required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Court’s Ruling
Jones did not submit the prisoner authorization or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied Jones fee-waiver status for purposes of an appeal. This means the court did not permit him to appeal without paying the applicable fees.
Additional Order
Chief Judge Laura Taylor Swain directed the Clerk of Court to mail Jones a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.