King v. Burnett
- Laura Swain
- 1:22-cv-01981
- U.S. District Court · Southern District of New York
- 1
In King v. Burnett, Judge Swain dismissed the complaint without prejudice because King neither paid the filing fee nor submitted an IFP application.
Wayne King's complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee. The court also denied fee-waiver status for any appeal.
What happened
In King v. Burnett, the court ordered Wayne King to either submit an application to proceed without paying the filing fee or pay the $402 filing fee required for a civil case.
The court gave King thirty days to comply and warned that failing to do so would result in dismissal. King did neither.
The court dismissed the complaint without prejudice, meaning it was not permanently barred on that basis. Judge Laura Taylor Swain also denied fee-waiver status for any appeal, ruling that an appeal would not be taken in good faith.
The detailed version
- King v. Burnett · No. 1:22-cv-01981
- Laura Swain
- May 3, 2022
Background
The court had previously ordered Wayne King to submit a completed application to proceed without paying the filing fee or to pay the $402 required to file a civil action. The order gave King thirty days to comply and warned that the complaint would be dismissed if he did not.
Ruling
King 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. The court also certified that any appeal would not be taken in good faith and denied King permission to proceed without paying fees for the appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.