Harry v. Landaverde
- Laura Swain
- 1:21-cv-10270
- U.S. District Court · Southern District of New York
- 1
Harry v. Landaverde: Judge Swain dismissed the complaint without prejudice because Harry neither paid the filing fee nor submitted the required application.
Yonette Harry, whose complaint was dismissed without prejudice for failing to submit the required fee-waiver application or pay the filing fee; the court also denied fee-free status for an appeal.
What happened
In Harry v. Landaverde, the court ordered Yonette Harry to submit an application to proceed without paying the filing fee or pay the required filing fees within thirty days.
Harry did neither. Although she submitted a declaration and a letter, the court said those documents did not respond to its order.
Judge Laura Taylor Swain dismissed the complaint without prejudice. The court also denied Harry permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Harry v. Landaverde · No. 1:21-cv-10270
- Laura Swain
- Feb. 7, 2022
Background
On December 2, 2021, the court directed Yonette Harry either to submit a completed application to proceed without paying the filing fee because of inability to pay or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal.
Harry did not submit the required application or pay the filing fee. The opinion notes that she submitted a “declaration of authority” and a letter, but states that neither document responded to the court’s order.
Ruling
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 Harry a copy of the order and record service on the docket. Finally, the court certified that an appeal would not be taken in good faith and denied Harry permission to appeal without paying fees. The opinion did not address the underlying claims.
Effect
The dismissal was without prejudice, and the court did not decide the merits of Harry’s claims. The order separately denied fee-free status for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.