Jones v. Brown
- Laura Swain
- 1:21-cv-11113
- U.S. District Court · Southern District of New York
- 1
In Jones v. Brown, Judge Swain dismissed the complaint without prejudice because Jones neither paid filing fees nor submitted required forms.
Rufus Jones’s complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization forms or pay the filing fees. His request to appeal without paying fees was also denied.
What happened
In Jones v. Brown, Rufus Jones was required to either submit forms requesting permission to proceed without paying court fees or pay the filing fees for his civil case.
The court had given Jones thirty days to comply and warned that failing to do so would result in dismissal. Jones did not submit the required forms or pay the fees.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Jones v. Brown · No. 1:21-cv-11113
- Laura Swain
- Mar. 16, 2022
Background
On January 11, 2022, the court directed Rufus Jones to do one of two things within thirty days: submit a completed application to proceed without paying filing fees and a required prisoner authorization, or pay the $402 filing fees for a civil action. The court warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Jones did not submit the application and prisoner authorization, and he did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling the complaint.
The court also certified that any appeal would not be taken in good faith and denied Jones permission to appeal without paying filing fees. The clerk was directed to mail Jones a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.