Miles v. Planet Fitness
- Laura Swain
- 1:22-cv-01943
- U.S. District Court · Southern District of New York
- 1
In Miles v. Planet Fitness, Judge Swain dismissed the complaint without prejudice because Miles neither paid filing fees nor submitted an IFP application.
Dylan Miles's complaint was dismissed without prejudice because he neither submitted an IFP application nor paid the required filing fees. The ruling did not decide the underlying claims against Planet Fitness or the other defendants.
What happened
In Miles v. Planet Fitness, Dylan Miles brought a civil action against Planet Fitness and other defendants. The court had ordered him to either submit an application to proceed without paying filing fees or pay the required fees.
The order gave Miles 14 days to comply and warned that failing to do so would result in dismissal. Miles did not submit the application or pay the fees.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied Miles permission to proceed without paying fees for an appeal.
The detailed version
- Miles v. Planet Fitness · No. 1:22-cv-01943
- Laura Swain
- May 20, 2022
Background
Dylan Miles filed a civil complaint against Planet Fitness and other defendants. On April 27, 2022, the court ordered Miles to submit a completed application to proceed without paying filing fees, commonly called an IFP application, or pay the $402 required to file a civil action in that court. The order gave him 14 days and warned that failure to comply would result in dismissal.
Court’s ruling
Miles did not submit an IFP application and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling.
Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The opinion does not decide the underlying claims against Planet Fitness or the other defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.