Jordan v. New York State Department of Taxation And Finance
- Laura Swain
- 1:21-cv-09595
- U.S. District Court · Southern District of New York
- 1
Jordan v. New York State Department of Taxation and Finance was dismissed without prejudice after Judge Swain found Jordan neither paid fees nor sought permission to proceed without them.
Janessa Jordan’s complaint was dismissed without prejudice because she neither paid the filing fees nor submitted an application to proceed without paying them. The opinion does not decide the underlying claims against the New York State Department of Taxation and Finance.
What happened
In Jordan v. New York State Department of Taxation and Finance, the court required Janessa Jordan to either pay the filing fees or ask to proceed without paying them.
Jordan did neither within the court’s thirty-day deadline. The opinion does not address the underlying claims against the New York State Department of Taxation and Finance.
The court dismissed the complaint without prejudice and denied permission to appeal without paying fees. Judge Swain also certified that an appeal would not be taken in good faith.
The detailed version
- Jordan v. New York State Department of Taxation And Finance · No. 1:21-cv-09595
- Laura Swain
- Mar. 9, 2022
Background
On January 25, 2022, the court ordered Janessa Jordan to submit an application to proceed without paying filing fees or to pay the $402 required to file a civil action. The order gave her thirty days and warned that failing to comply would result in dismissal.
Court’s Action
The court stated that Jordan had not submitted an application or paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. This disposition did not address the substance of Jordan’s claims against the New York State Department of Taxation and Finance.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.