Cassaday v. Pfizer Inc.
- Laura Swain
- 1:22-cv-02495
- U.S. District Court · Southern District of New York
- 1
In Cassaday v. Pfizer Inc., Judge Swain dismissed Kevin Cassaday’s complaint without prejudice after he failed to pay fees or submit required forms.
Kevin Cassaday’s complaint against Pfizer Inc. was dismissed without prejudice because he did not pay the filing fee or submit the required application and prisoner authorization.
What happened
Kevin Cassaday sued Pfizer Inc. in the Southern District of New York. The court had ordered him to either pay the required $402 filing fee or submit an application to proceed without paying it, along with a required prisoner authorization.
Cassaday did neither within the time allowed by the court’s order. The order had warned that failing to comply would result in dismissal of the complaint.
The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. Judge Laura Taylor Swain also denied Cassaday permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Cassaday v. Pfizer Inc. · No. 1:22-cv-02495
- Laura Swain
- May 13, 2022
Background
Kevin Cassaday filed a complaint against Pfizer Inc. The court previously ordered Cassaday to pay the $402 fee required to file a civil action or submit a completed application to proceed without paying the fee, together with a required prisoner authorization. The order gave him 30 days to comply and stated that the complaint would be dismissed if he did not.
Court’s ruling
Cassaday did not pay the filing fee and did not submit the required application and authorization. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against Pfizer Inc.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.