King v. Miller
- Laura Swain
- 1:22-cv-03336
- U.S. District Court · Southern District of New York
- 1
In Sharif King v. Correction Officer O. Miller, Judge Swain dismissed the complaint without prejudice because King did not pay the required filing fees.
Sharif King’s complaint was dismissed without prejudice for failure to pay the required filing fees; the court also denied him permission to appeal without paying fees.
What happened
In Sharif King v. Correction Officer O. Miller, the court had earlier denied King’s request to proceed without paying the filing fee and ordered him to pay $402 within 30 days.
King did not pay the required fees. The earlier order warned that failing to pay would result in dismissal of the complaint.
Judge Swain dismissed the complaint without prejudice. The court also denied King permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- King v. Miller · No. 1:22-cv-03336
- Laura Swain
- July 27, 2022
Background
The court previously denied Sharif King’s request to proceed without paying the filing fee. It ordered him to pay the $402 required to file a civil action in the court within 30 days. That order stated that failing to pay would result in dismissal of the complaint.
Ruling
King did not pay the required fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. § 1914. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for a new case.
The court also certified that any appeal would not be taken in good faith and denied King permission to appeal without paying the required fees. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.