Miles v. Wall Street Trading Inc.
- Laura Swain
- 1:22-cv-01944
- U.S. District Court · Southern District of New York
- 1
In Miles v. Wall Street Trading, Judge Swain dismissed the complaint without prejudice after Miles failed to submit required filing materials or pay fees.
Dylan Miles’s complaint was dismissed without prejudice, and he was denied permission to proceed without paying fees for an appeal. The opinion does not state any separate effect on the defendants.
What happened
In Miles v. Wall Street Trading Inc., the court had ordered Dylan Miles to provide a complaint signature page with an original signature and either request permission to proceed without paying filing fees or pay the filing fees.
The court gave Miles fourteen days to comply and warned that failing to do so would result in dismissal. Miles did not provide the signature page, submit the fee-waiver request, or pay the required fees.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also ruled that Miles could not proceed without paying fees for an appeal because an appeal from the order would not be taken in good faith.
The detailed version
- Miles v. Wall Street Trading Inc. · No. 1:22-cv-01944
- Laura Swain
- May 27, 2022
Background
By an order dated April 27, 2022, the court directed Dylan Miles to resubmit the complaint’s signature page with an original signature. The court also required Miles either to submit a completed application to proceed without paying filing fees, called an IFP application, or to pay the $402 filing fee for a civil action.
Noncompliance
The April 27 order gave Miles fourteen days to comply and stated that the complaint would be dismissed if he failed to do so. The opinion states that Miles did not resubmit the signature page, file an IFP application, or pay the required fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on Miles’s failure to comply with the filing requirements; the opinion does not address the underlying claims. Judge Laura Taylor Swain also certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.