Chestnut v. Bank of America, N.A.
- Laura Swain
- 1:22-cv-00123
- U.S. District Court · Southern District of New York
- 1
Chestnut v. Bank of America, N.A.: Judge Swain dismissed the complaint without prejudice because Chestnut neither paid filing fees nor submitted an application to proceed without fees.
Rodney Chestnut's complaint was dismissed without prejudice, and he was denied permission to appeal without paying the required fees; Bank of America, N.A. was the named defendant.
What happened
In Chestnut v. Bank of America, N.A., the court had ordered Rodney Chestnut to submit an application to proceed without paying filing fees or pay the required $402 filing fee within 30 days.
Chestnut did neither. The court therefore dismissed his complaint without prejudice. The opinion does not describe the claims or address their merits.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Chestnut permission to appeal without paying the required fees.
The detailed version
- Chestnut v. Bank of America, N.A. · No. 1:22-cv-00123
- Laura Swain
- Feb. 8, 2022
Background
On January 6, 2022, the court directed Rodney Chestnut to either submit a completed application to proceed without paying filing fees or pay the $402 filing fee required to bring a civil action in the court. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Chestnut did not submit the application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not discuss the substance of Chestnut’s claims against Bank of America, N.A.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied permission to appeal without paying the required fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.