Jordan-Rowell v. Internal Revenue Service
- Laura Swain
- 1:22-cv-01632
- U.S. District Court · Southern District of New York
- 1
In Jordan-Rowell v. Internal Revenue Service, Judge Swain dismissed the complaint without prejudice after Jordan-Rowell neither applied for IFP status nor paid filing fees.
The plaintiff, Janessa Jordan-Rowell, whose complaint was dismissed without prejudice; any appeal would also not qualify for permission to proceed without paying fees.
What happened
In Jordan-Rowell v. Internal Revenue Service, the court required Jordan-Rowell to submit an application to proceed without paying filing fees or to pay the required $402 filing fee.
The court warned that failing to do so within thirty days would result in dismissal. Jordan-Rowell did not submit the application or pay the fee.
Judge Laura Taylor Swain dismissed the complaint without prejudice. The court also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Jordan-Rowell v. Internal Revenue Service · No. 1:22-cv-01632
- Laura Swain
- Apr. 1, 2022
Background
The court had previously ordered Jordan-Rowell to submit a completed application to proceed without paying filing fees or pay the $402 required to file a civil action. The order gave her thirty days to comply and stated that the complaint would be dismissed if she did not.
Court’s Action
Jordan-Rowell did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.