Finnegan v. CVS
- Laura Swain
- 1:22-cv-00150
- U.S. District Court · Southern District of New York
- 1
In Finnegan v. CVS, Judge Swain dismissed the complaint without prejudice after Finnegan neither submitted the required application nor paid filing fees.
Sean Matthew Finnegan’s complaint against CVS was dismissed without prejudice, and permission to proceed without paying fees on appeal was denied.
What happened
Sean Matthew Finnegan sued CVS, but the court required him to submit a completed application to proceed without paying filing fees or pay the $402 filing fee. The court warned that failure to do so would result in dismissal.
Finnegan did neither within the required thirty-day period. The opinion does not describe the underlying claims against CVS.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied Finnegan permission to proceed without paying fees on appeal, finding that any appeal would not be taken in good faith.
The detailed version
- Finnegan v. CVS · No. 1:22-cv-00150
- Laura Swain
- Mar. 29, 2022
Background
The court had previously ordered Sean Matthew Finnegan to submit a completed application to proceed without paying the filing fee or to pay the $402 required fee for a civil action. The order gave him thirty days to comply and warned that the complaint would be dismissed if he did not.
Court’s ruling
Finnegan did not submit an amended 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 merits of Finnegan’s claims against CVS.
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 order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.