Chan v. Cimponeriu
- Laura Swain
- 1:22-cv-03749
- U.S. District Court · Southern District of New York
- 2
In Chan v. Cimponeriu, Judge Swain dismissed the complaint without prejudice after Chan did not pay filing fees or update his address.
Lap-Sun Chan’s complaint was dismissed without prejudice because he did not pay the required filing fee or update his mailing address. The ruling did not reach the merits of his claims against Dan Cimponeriu, M.D.
What happened
In Chan v. Cimponeriu, the court had ordered Lap-Sun Chan to pay $402 in filing fees within 30 days after denying his request to proceed without paying them. The order warned that failing to pay would result in dismissal.
The payment order was returned as undeliverable to the address Chan provided. Chan did not pay the fees or tell the court that his mailing address had changed.
Judge Laura Taylor Swain dismissed Chan’s complaint without prejudice. She also ruled that an appeal would not be taken in good faith and denied Chan permission to appeal without paying the appeal filing fee.
The detailed version
- Chan v. Cimponeriu · No. 1:22-cv-03749
- Laura Swain
- July 8, 2022
Background
On May 11, 2022, the court denied Lap-Sun Chan’s request to proceed without paying the filing fee. The court ordered him to pay $402 within 30 days and stated that failure to comply would result in dismissal of the complaint.
The court’s order was returned as undeliverable on May 20, 2022, at the mailing address Chan had provided. Chan did not pay the filing fee and did not notify the court of a change of address. The opinion also notes that payment orders in two related cases using the same post office box had been returned as undeliverable, although Chan later paid the fees in one of those cases.
Ruling
The court dismissed Chan’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the appeal filing fee. The order did not decide the underlying claims against Dan Cimponeriu, M.D.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.