Cormier v. Cam XIX Trust
- Laura Swain
- 1:22-cv-00363
- U.S. District Court · Southern District of New York
- 1
Cormier v. Cam XIX Trust: Judge Swain dismissed the complaint without prejudice after Cormier neither paid filing fees nor requested a fee waiver.
Andre Cormier's complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the $402 filing fee. The court also denied fee-waiver status for an appeal.
What happened
In Cormier v. Cam XIX Trust, Andre Cormier was ordered to submit a request to proceed without paying filing fees or pay the required fees within 30 days.
Cormier did neither. The court had warned that failing to comply would result in dismissal of the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice and denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Cormier v. Cam XIX Trust · No. 1:22-cv-00363
- Laura Swain
- Mar. 18, 2022
Background
On February 1, 2022, the court directed Plaintiff Andre Cormier to either submit a completed application to proceed without paying filing fees or pay the $402 required to file a civil action. The order stated that failing to comply within 30 days would result in dismissal of the complaint.
What the Court Decided
Cormier did not submit the application or pay the fees. The court therefore dismissed the complaint without prejudice. This means the dismissal did not bar refiling based on the order's disposition.
The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The clerk was directed to mail Cormier a copy of the order and record service on the docket.
Classification
This is a procedural order because the court dismissed the complaint for failure to satisfy filing-fee or fee-waiver requirements without reaching the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.