Fredricks v. Doe
- Laura Swain
- 1:22-cv-00622
- U.S. District Court · Southern District of New York
- 2
In Fredricks v. Doe, Judge Swain dismissed the complaint without prejudice because Fredricks neither submitted required forms nor paid filing fees.
Nigel Fredricks's complaint was dismissed without prejudice for failing to submit the required fee-waiver and prisoner-authorization forms or pay the $402 filing fee. The order also denied fee-free status for an appeal.
What happened
In Fredricks v. Doe, Nigel Fredricks was ordered to submit forms asking to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required $402 in fees.
Fredricks did not submit the forms or pay the fees by the deadline. The court therefore dismissed the complaint without prejudice. It also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
Judge Laura Taylor Swain issued the dismissal on March 8, 2022, and directed the Clerk of Court to mail the order to Fredricks and record service on the docket.
The detailed version
- Fredricks v. Doe · No. 1:22-cv-00622
- Laura Swain
- Mar. 8, 2022
Background
The court had previously ordered Nigel Fredricks, within 30 days, either to submit an application to proceed without paying the filing fee and a prisoner authorization form or to pay the $402 filing fee required for a civil action. The earlier order warned that failing to comply would result in dismissal.
Ruling
The court found that Fredricks had not submitted the application and prisoner authorization or paid the required fees. It therefore dismissed the complaint without prejudice, citing 28 U.S.C. §§ 1914 and 1915.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to mail a copy of the order to Fredricks and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.