Ross v. Seattle WA
- Laura Swain
- 1:22-cv-01383
- U.S. District Court · Southern District of New York
- 2
In Ross v. Seattle WA, Judge Swain dismissed Darnell Ross’s complaint without prejudice after he failed to sign and pay or seek a fee waiver.
Darnell Ross, whose complaint was dismissed without prejudice. The court did not treat the other named individuals as plaintiffs because Ross, who signed the complaint, was not alleged to be a lawyer and could not represent them.
What happened
In Ross v. Seattle WA, the court ordered Darnell Ross to submit a properly signed complaint and either pay the required filing fees or request permission to proceed without paying them. The court’s order was returned as undeliverable, and Ross did not complete these requirements or update his mailing address.
The court treated Ross as the only plaintiff because he was the only person who signed the complaint and, because he was not alleged to be a lawyer, could not represent the other named plaintiffs. The court also said that an appeal would not be considered in good faith and denied permission to appeal without paying fees.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. The court did not decide the underlying claims.
The detailed version
- Ross v. Seattle WA · No. 1:22-cv-01383
- Laura Swain
- Mar. 28, 2022
Background
The complaint named Darnell Ross and several other plaintiffs against Seattle WA and other defendants. The court previously directed Ross to resubmit the complaint’s signature page with an original signature and either pay the $402 filing fee or submit a completed request to proceed without paying the fee.
The court’s prior order was returned as undeliverable to Ross’s address. Ross did not comply with the order, notify the court of a new mailing address, or contact the court further.
Other Named Plaintiffs
The court stated that Ross was the only plaintiff who signed the complaint. Because the complaint did not allege that Ross was an attorney, the court held that he could not assert claims on behalf of the other named plaintiffs. The court therefore treated Ross as the sole plaintiff in the action.
Ruling
Chief Judge Laura Taylor Swain dismissed Ross’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.