Blackwood v. 2 Security Guards at Food Bizar
- Laura Swain
- 1:22-cv-03447
- U.S. District Court · Southern District of New York
- 1
In Blackwood v. 2 Security Guards at Food Bizar, Judge Swain dismissed the complaint without prejudice because Blackwood neither paid fees nor filed authorization.
Phillip Blackwood's complaint was dismissed without prejudice because he did not submit the required updated prisoner authorization or pay the filing fee. Any appeal would not receive fee-free status under the court's order.
What happened
In Blackwood v. 2 Security Guards at Food Bizar, the court had ordered Phillip Blackwood to submit an updated prisoner authorization or pay the $402 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Blackwood did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-free status for any appeal because it certified that an appeal would not be taken in good faith.
Chief United States District Judge Laura Taylor Swain issued the dismissal on June 28, 2022.
The detailed version
- Blackwood v. 2 Security Guards at Food Bizar · No. 1:22-cv-03447
- Laura Swain
- June 28, 2022
Background
The court had previously ordered Phillip Blackwood to submit an updated prisoner authorization or pay the $402 filing fee required to bring a civil action. That order gave him 30 days to comply and stated that the complaint would be dismissed if he did not.
Ruling
The opinion states that Blackwood neither filed the updated prisoner authorization nor paid the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It consequently denied fee-free status for purposes of an appeal. Chief United States District 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.