Buchbinder v. Hochul
- Laura Swain
- 1:22-cv-00043
- U.S. District Court · Southern District of New York
- 1
In Buchbinder v. Hochul, Chief Judge Swain dismissed the complaint without prejudice for failing to pay fees or submit required forms and denied fee-free appeal status.
Pamela Buchbinder’s complaint was dismissed without prejudice because she did not pay the filing fee or submit the required forms. The court also denied her permission to appeal without prepaying fees.
What happened
In Buchbinder v. Hochul, Pamela Buchbinder brought a civil action against Kathleen Hochul and other defendants in the Southern District of New York.
The court had ordered Buchbinder to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required $402.00. The order warned that failing to do so within 30 days would lead to dismissal. Buchbinder did neither.
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
The detailed version
- Buchbinder v. Hochul · No. 1:22-cv-00043
- Laura Swain
- Apr. 11, 2022
Background
Pamela Buchbinder filed a civil action against Kathleen Hochul and other defendants. The court’s February 14, 2022 order required Buchbinder, within 30 days, either to submit a completed application to proceed without prepaying the filing fee and a prisoner authorization or to pay the $402.00 filing fee.
The earlier order stated that failing to comply would result in dismissal of the complaint. Buchbinder did not submit the required application and authorization and did not pay the filing fee.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not bar refiling based on the dismissal itself. The opinion does not address the underlying claims against the defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It consequently denied permission to proceed without prepaying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.