Dockery v. KCC Protection, Inc.
- Laura Swain
- 1:21-cv-11008
- U.S. District Court · Southern District of New York
- 1
In Dockery v. KCC Protection, Judge Swain dismissed the complaint without prejudice because Dockery neither sought a fee waiver nor paid the filing fee.
Alec Creighton Dockery's complaint was dismissed without prejudice, and his request to appeal without paying fees was denied. KCC Protection, Inc. was the named defendant.
What happened
In Dockery v. KCC Protection, Inc., the court had ordered Alec Creighton Dockery to submit an application to proceed without paying filing fees or to pay the required $402 fee within 30 days. The order warned that failing to do so would lead to dismissal.
Dockery did not submit the application or pay the fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar a later filing.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Dockery permission to appeal without paying fees. The clerk was directed to mail Dockery a copy of the order and record service on the docket.
The detailed version
- Dockery v. KCC Protection, Inc. · No. 1:21-cv-11008
- Laura Swain
- Feb. 22, 2022
Background
On January 5, 2022, the court ordered Plaintiff Alec Creighton Dockery either to submit a completed application to proceed without paying filing fees or to pay the $402 filing fee required for a civil action. The court gave him 30 days and warned that failure to comply would result in dismissal.
Court’s Ruling
The court found that Dockery had neither submitted the fee-waiver application nor paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the order did not bar a later filing.
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 consequently denied permission to proceed without paying fees for an appeal. The clerk was directed to mail the order to Dockery and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.