Angel v. Carter
- Laura Swain
- 1:22-cv-00486
- U.S. District Court · Southern District of New York
- 1
In Angel v. Carter, Judge Swain dismissed the complaint without prejudice because Angel neither requested fee-waiver status nor paid the required filing fees.
Micah Angel’s complaint was dismissed without prejudice because Angel did not submit an IFP application or pay the $402 filing fee. Angel was also denied IFP status for an appeal.
What happened
In Angel v. Carter, Micah Angel was ordered to either request permission to proceed without paying the filing fee or pay the $402 required to file a civil case. The order gave Angel 30 days to comply.
Angel did neither. The court dismissed the complaint without prejudice, meaning the dismissal did not bar a future filing based on this order. The order did not address the underlying claims against Beyonce Carter or the other defendants.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Angel permission to proceed without paying fees for an appeal. The clerk was directed to mail Angel a copy of the order and record service on the docket.
The detailed version
- Angel v. Carter · No. 1:22-cv-00486
- Laura Swain
- Feb. 28, 2022
Background
On January 20, 2022, the court directed Micah Angel to submit an application to proceed in forma pauperis (IFP), meaning to proceed without paying the filing fee, or to pay the $402 required to file a civil action. The order gave Angel 30 days to comply and warned that failure to do so would result in dismissal.
Court’s Analysis and Ruling
Angel did not submit an IFP application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not decide the merits of Angel’s claims against Beyonce Carter or the other defendants.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It consequently denied IFP status for purposes of an appeal. The clerk was directed to mail the order to Angel and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.