Ross v. Harrell
- Laura Swain
- 1:22-cv-01193
- U.S. District Court · Southern District of New York
- 2
In Ross v. Harrell, Judge Swain dismissed Ross’s complaint without prejudice after he failed to pay filing fees or submit a completed fee-waiver request.
Darnell Ross’s complaint was dismissed without prejudice. The other named individuals were not treated as plaintiffs because Ross could not represent them, and permission to proceed without paying fees on appeal was denied.
What happened
In Ross v. Harrell, the court ordered Darnell Ross to pay the required filing fees or submit a completed request to proceed without paying them. The order was returned as undeliverable, and Ross did not contact the court or provide a new address.
The court treated Ross as the only plaintiff because he was the only person who signed the complaint. It also stated that a person who is not an attorney cannot bring claims on behalf of other people.
The court dismissed the complaint without prejudice. Judge Laura Taylor Swain also denied Ross permission to proceed without paying fees for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Ross v. Harrell · No. 1:22-cv-01193
- Laura Swain
- Mar. 21, 2022
Background
The court had previously directed Darnell Ross, within 30 days, either to pay the $402 filing fee or submit a completed application to proceed without paying the fee. The court’s order was returned as undeliverable. Ross did not comply with the order, notify the court of a new mailing address, or contact the court further.
Plaintiffs
Although several people were listed as plaintiffs, Ross was the only person who signed the complaint. The court stated that Ross did not allege that he was an attorney and therefore could not assert claims on behalf of the other named plaintiffs. The court considered Ross the sole plaintiff in the action.
Ruling
The court dismissed Ross’s complaint without prejudice under the federal statutes governing filing fees and requests to proceed without paying them. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.