Flores v. I.C.E.
- Laura Swain
- 1:22-cv-00641
- U.S. District Court · Southern District of New York
- 2
In Flores v. I.C.E., Judge Swain dismissed the complaint without prejudice after Flores failed to pay filing fees, submit required paperwork, or update his address.
Flores’s complaint was dismissed without prejudice, and he was denied fee-waiver status for purposes of an appeal.
What happened
In Flores v. I.C.E., the court had ordered Flores to pay the $402 filing fee or submit a completed request to proceed without paying the fee. The order was returned as undeliverable.
Flores did not comply with the court’s order, notify the court of a new mailing address, or contact the court further. The opinion does not address the substance of his complaint.
The court dismissed the complaint without prejudice. Judge Laura Taylor Swain also denied fee-waiver status for any appeal and directed the Clerk of Court to mail Flores a copy of the order.
The detailed version
- Flores v. I.C.E. · No. 1:22-cv-00641
- Laura Swain
- Feb. 28, 2022
Background
The court had previously directed Flores to either pay the $402 filing fee required to bring a civil action or submit a completed request to proceed without paying the fee. The court’s order was returned as undeliverable on February 8, 2022.
Reason for Dismissal
Flores did not comply with the court’s order, did not notify the court of a change in mailing address, and did not make further contact with the court. The opinion states that the complaint had been filed under the statute allowing a person to proceed without paying filing fees.
Ruling
The court dismissed Flores’s complaint without prejudice. This disposition was based on his failure to comply with the court’s filing-fee or fee-waiver order and to maintain contact with the court; the opinion did not decide the underlying claims. Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to mail Flores a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.