Cassaday v. Trump Organization
- Laura Swain
- 1:22-cv-02496
- U.S. District Court · Southern District of New York
- 1
In Cassaday v. Trump, Judge Swain dismissed Kevin Cassaday’s complaint without prejudice because he neither submitted required forms nor paid filing fees.
Kevin Cassaday, whose complaint was dismissed without prejudice; the court did not reach the claims against Donald Trump or Rudy Giuliani.
What happened
In Kevin Cassaday v. Donald Trump and Rudy Giuliani, the court had ordered Cassaday to submit forms requesting permission to proceed without paying filing fees, along with a required prisoner authorization, or to pay the $402 filing fee.
Cassaday did not submit the forms or pay the fee by the deadline. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to proceed without paying fees on appeal.
Judge Laura Taylor Swain said an appeal from the order would not be taken in good faith and entered the order on May 13, 2022.
The detailed version
- Cassaday v. Trump Organization · No. 1:22-cv-02496
- Laura Swain
- May 13, 2022
Background
On April 1, 2022, the court directed Kevin Cassaday to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, along with a required prisoner authorization, or pay the $402 required to file a civil action. The court warned that failing to comply would result in dismissal.
Ruling
Cassaday did not submit the application and authorization or pay the required fees. The court dismissed the complaint without prejudice, relying on 28 U.S.C. §§ 1914 and 1915. 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 proceed without paying fees for an appeal.
Effect
The order disposed of the complaint because Cassaday did not satisfy the filing-fee or fee-waiver requirements. It did not decide the underlying claims against Donald Trump or Rudy Giuliani. The opinion does not state whether Cassaday later refiled.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.