Agnew v. Department of Corrections, City of New York
- Laura Swain
- 1:22-cv-01010
- U.S. District Court · Southern District of New York
- 2
Agnew v. Department of Corrections was dismissed without prejudice for failing to follow a filing-order, Judge Swain ruled.
Joseph Agnew’s complaint was dismissed without prejudice because he did not comply with the court’s filing-fee or fee-waiver order and did not update his address.
What happened
In Agnew v. Department of Corrections, City of New York, the court gave Joseph Agnew 30 days to pay the required $402 filing fee or submit a completed request to proceed without paying it and the required prisoner authorization.
The court’s order was returned because Agnew was no longer held at the listed facility. He did not follow the court’s instructions, update his mailing address, or contact the court again.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied Agnew permission to appeal without paying the fees, finding that any appeal would not be taken in good faith.
The detailed version
- Agnew v. Department of Corrections, City of New York · No. 1:22-cv-01010
- Laura Swain
- Mar. 10, 2022
Background
On February 7, 2022, the court ordered Joseph Agnew to do one of two things within 30 days: pay the $402 fee required to file a civil action in the court, or submit a completed request to proceed without paying the filing fee and a required prisoner authorization.
On February 22, 2022, the court’s order was returned with a notation stating that Agnew was no longer held at that facility. The opinion states that Agnew did not comply with the order, did not tell the court that his mailing address had changed, and did not contact the court further, either in writing or otherwise.
Ruling
Judge Laura Taylor Swain dismissed Agnew’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not address the merits of the complaint.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the required fees. The Clerk of Court was directed to mail Agnew 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.