Miles v. Wall Street Trading Inc.
- Laura Swain
- 1:22-cv-01944
- U.S. District Court · Southern District of New York
- 2
In Miles v. Wall Street Trading, Judge Swain ordered Dylan Miles to correct filing defects, pay $402 or seek a fee waiver, or face dismissal.
Dylan Miles, who was ordered to correct the complaint’s filing defects and pay the filing fee or submit an application to proceed without paying it.
What happened
In Miles v. Wall Street Trading Inc., Dylan Miles filed the case without signing the complaint, providing a mailing address, or paying the filing fee or applying to have the fee waived. The court had previously directed him to provide an address, but he had not done so.
The court directed the clerk to add Miles’s mailing address to the docket. It also ordered Miles, within 14 days, to submit an originally signed signature page and either pay the $402 filing fee or submit an application to proceed without paying it. The court said no summons would issue yet.
The court stated that the case would proceed through the clerk’s office if Miles complied, but that the action would be dismissed if he did not. Judge Laura Taylor Swain also denied fee-waiver status for any appeal because she certified that an appeal would not be taken in good faith.
The detailed version
- Miles v. Wall Street Trading Inc. · No. 1:22-cv-01944
- Laura Swain
- Apr. 27, 2022
Background
Dylan Miles filed this action without a lawyer. The complaint lacked an original signature and a mailing address, and Miles had not paid the filing fee or submitted an application to proceed without paying it. The court had previously directed him to provide a mailing address, but he had not done so.
The court reviewed the docket in a prior related proceeding and found that Miles had provided a current address there. It directed the clerk to add that address—551 W 181st Street PMB #275, New York, NY 10033—to this action’s docket.
Order
The court ordered Miles, within 14 days of the order, to resubmit the complaint’s signature page with an original signature and either pay the $402 filing fee or submit an application to proceed without paying the fee. The court stated that no summons would issue at that time.
If Miles complied, the action would be processed under the clerk’s office procedures. If he failed to comply within the allowed period, the action would be dismissed. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.