Finnegan v. T-Mobile
- Laura Swain
- 1:22-cv-00210
- U.S. District Court · Southern District of New York
- 1
In Finnegan v. T-Mobile, Judge Swain dismissed the complaint without prejudice after Finnegan neither filed the required fee-waiver form nor paid filing fees.
Sean Matthew Finnegan's complaint against T-Mobile was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee. The order also denied fee-waiver status for an appeal.
What happened
Sean Matthew Finnegan sued T-Mobile in federal court. The court had ordered him to submit a completed application to waive the filing fee or pay the required fees within 30 days.
Finnegan did neither. The order warned that failing to comply would result in dismissal of the complaint.
The court dismissed the complaint without prejudice, meaning it was not permanently barred by this order. Judge Laura Taylor Swain also denied fee-waiver status for any appeal because the court certified that an appeal would not be taken in good faith.
The detailed version
- Finnegan v. T-Mobile · No. 1:22-cv-00210
- Laura Swain
- Mar. 29, 2022
Background
The court had previously directed Sean Matthew Finnegan to submit a completed application to proceed without paying the filing fee, or to pay the $402 required to file a civil action. The court gave him 30 days and warned that failing to comply would result in dismissal.
What the Court Decided
Finnegan did not submit an amended fee-waiver application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims against T-Mobile.
Appeal-Related Ruling
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith. The court therefore denied fee-waiver status for purposes of an appeal. The opinion does not state whether Finnegan may pursue an appeal by paying the applicable fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.