Koumba v. Immigration in New York
- Laura Swain
- 1:22-cv-03403
- U.S. District Court · Southern District of New York
- 1
In Koumba v. Immigration in New York, Judge Swain dismissed the complaint without prejudice because Koumba did not submit required original signatures.
The plaintiff, whose complaint was dismissed without prejudice and whose request to appeal without paying filing fees was denied.
What happened
In Koumba v. Immigration in New York, the court had ordered the plaintiff to resubmit the complaint’s signature page and the application to proceed without paying filing fees, each with an original signature.
The plaintiff did not submit either signed page by the deadline. The court therefore dismissed the complaint without prejudice, meaning it could be filed again. The court also denied permission to appeal without paying fees.
Judge Laura Taylor Swain entered the dismissal on May 31, 2022, and found that any appeal would not be taken in good faith. The opinion did not decide the underlying claims.
The detailed version
- Koumba v. Immigration in New York · No. 1:22-cv-03403
- Laura Swain
- May 31, 2022
Background
The court had previously ordered the plaintiff, within thirty days, to resubmit the complaint’s signature page and the application to proceed without paying filing fees. The order required an original signature on each document and warned that failing to comply would result in dismissal.
Court’s ruling
The plaintiff did not submit the signed signature page for either document. Relying on Federal Rule of Civil Procedure 11(a), the court dismissed the complaint without prejudice. The opinion does not address the merits of the plaintiff’s claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. As a result, permission to appeal without paying filing fees was denied for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.