Goldberg v. Con Edison
- Laura Swain
- 1:22-cv-02369
- U.S. District Court · Southern District of New York
- 1
In Goldberg v. Con Edison, Judge Swain dismissed the complaint without prejudice after Goldberg failed to pay the required filing fees.
Ruth Goldberg’s complaint was dismissed without prejudice, and her request to proceed without paying fees for an appeal was denied.
What happened
In Goldberg v. Con Edison, the court had previously denied Ruth Goldberg’s request to proceed without paying filing fees and gave her 30 days to pay the $402 required fee.
Goldberg did not pay the fee. The court therefore dismissed her complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Swain also ruled that an appeal would not be taken in good faith and denied Goldberg permission to proceed without paying fees for an appeal.
The detailed version
- Goldberg v. Con Edison · No. 1:22-cv-02369
- Laura Swain
- May 12, 2022
Background
Ruth Goldberg filed a civil action against Con Edison, John Doe, and Jane Doe. The court had previously denied Goldberg’s request to proceed without paying the filing fee. The court ordered her to pay the $402 filing fee within 30 days and stated that failing to do so would result in dismissal.
Court’s Ruling
Goldberg did not pay the required fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims against the defendants.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Disposition
Judge Laura Taylor Swain dismissed the complaint without prejudice and denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.