Finnegan v. USPS
- Laura Swain
- 1:22-cv-00548
- U.S. District Court · Southern District of New York
- 1
In Finnegan v. USPS, Judge Swain dismissed the complaint without prejudice after Finnegan neither renewed his IFP request nor paid filing fees.
Sean Matthew Finnegan's complaint was dismissed without prejudice because he did not submit the required amended request to proceed without paying filing fees or pay the $402 filing fee. Permission to proceed without paying fees for an appeal was also denied.
What happened
In Finnegan v. USPS, the court had ordered Sean Matthew Finnegan to submit an amended request to proceed without paying filing fees or pay the required $402 filing fee within 30 days.
Finnegan did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for the appeal.
The detailed version
- Finnegan v. USPS · No. 1:22-cv-00548
- Laura Swain
- Mar. 15, 2022
Background
The court had previously directed Sean Matthew Finnegan to submit an amended request to proceed without paying the filing fee, or to pay the $402 required to file a civil action. The prior order gave him 30 days to comply and warned that the complaint would be dismissed if he did not.
Ruling
The court stated that Finnegan had not submitted an amended request or paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not describe the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to mail the order to Finnegan and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.