Hairston v. Commissioner of Social Security
- Andrew Carter
- 1:20-cv-05432
- U.S. District Court · Southern District of New York
- 1
Hairston v. Commissioner of Social Security: Judge Carter dismissed the complaint without prejudice because the filing fee or fee-waiver application was not submitted.
The complaint filed by Denise Hairston on behalf of Jayven Tash Sanders-Hairston was dismissed without prejudice because the required filing fee or fee-waiver application was not submitted. The order also denied fee-waiver status for an appeal.
What happened
In Hairston v. Commissioner of Social Security, Denise Hairston sued on behalf of Jayven Tash Sanders-Hairston. The court had ordered her to submit an application to waive the filing fee or pay the required fee within 30 days.
She did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and denied fee-waiver status for an appeal.
Judge Andrew L. Carter, Jr. also certified that any appeal would not be taken in good faith.
The detailed version
- Hairston v. Commissioner of Social Security · No. 1:20-cv-05432
- Andrew Carter
- Sept. 3, 2021
Background
By an order dated June 7, 2021, the court directed Plaintiff, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $400 required fee for filing a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
Plaintiff did not submit the fee-waiver application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to mail the order to Plaintiff and record service on the docket.
Appeal-related ruling
The court 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 fee-waiver status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.