Toussaint v. Regus Group Companies
- Laura Swain
- 1:22-cv-02920
- U.S. District Court · Southern District of New York
- 2
In Toussaint v. Regus Group Companies, Judge Swain dismissed the complaint without prejudice because Toussaint did not comply with the filing-fee or IFP requirements.
Fritz Gerald Toussaint’s complaint against Regus Group Companies was dismissed without prejudice. The order also denied Toussaint permission to proceed without prepaying fees on appeal.
What happened
Toussaint v. Regus Group Companies began after the court directed Fritz Gerald Toussaint to either pay the required $402 filing fee or submit a completed request to proceed without paying the fee.
The court warned that failing to comply within 30 days would result in dismissal. The order was returned as undeliverable, and Toussaint did not notify the court of a new mailing address or make further contact.
On May 27, 2022, Judge Laura Taylor Swain dismissed Toussaint’s complaint without prejudice. Judge Swain also ruled that any appeal would not be taken in good faith and denied Toussaint permission to proceed without paying fees on appeal.
The detailed version
- Toussaint v. Regus Group Companies · No. 1:22-cv-02920
- Laura Swain
- May 27, 2022
Background
On April 8, 2022, the court ordered Fritz Gerald Toussaint to do one of two things within 30 days: pay the $402 filing fee required to bring a civil action in the court, or submit a completed request to proceed without paying the fee. The court stated that failure to comply would result in dismissal of the complaint.
On May 10, 2022, the court’s order was returned as undeliverable to the mailing address Toussaint had provided. He did not comply with the order, notify the court of a change of address, or initiate further contact with the court.
Ruling
The court dismissed Toussaint’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion states that the complaint had been filed under the statute allowing a person to proceed without prepaying filing fees.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.