Antrobus v. Molina
- Laura Swain
- 1:22-cv-04780
- U.S. District Court · Southern District of New York
- 1
In Antrobus v. Molina, Judge Swain dismissed the complaint without prejudice because Antrobus neither paid filing fees nor submitted required forms.
Andre Antrobus’s complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fees. The order also denied him permission to proceed without paying fees on appeal.
What happened
Antrobus v. Molina concerned a complaint filed by Andre Antrobus. The court had ordered Antrobus to submit a completed request to proceed without paying filing fees and a prisoner authorization, or to pay the required $402 in fees.
Antrobus did not submit the required forms or pay the fees within the time allowed. The court therefore dismissed the complaint without prejudice and ordered that judgment be entered.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied Antrobus permission to proceed without paying fees on appeal.
The detailed version
- Antrobus v. Molina · No. 1:22-cv-04780
- Laura Swain
- July 20, 2022
Background
The court had previously ordered Andre Antrobus to do one of two things within thirty days: submit a completed application to proceed without paying filing fees and a prisoner authorization, or pay the $402 filing fees required to bring a civil action in the court.
Court’s ruling
Antrobus did not submit the application and prisoner authorization and did not pay the required fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also ordered that judgment be entered.
Appeal-related ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.