Neira Marquez v. Kirby Forensic Psychiatric Center
- Laura Swain
- 1:22-cv-05678
- U.S. District Court · Southern District of New York
- 1
In Neira Marquez v. Kirby Forensic Psychiatric Center, Judge Swain dismissed the complaint without prejudice after unpaid filing fees.
Jonathan William Neira Marquez’s complaint was dismissed without prejudice. The opinion did not reach the claims against Kirby Forensic Psychiatric Center or the other defendants.
What happened
Jonathan William Neira Marquez asked to file the case without paying the filing fee, but the court found that his application did not show he was unable to pay. The court ordered him to pay the required $402 within 30 days.
He did not pay the fees or respond to the court’s order. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal. The court ordered that judgment be entered.
The detailed version
- Neira Marquez v. Kirby Forensic Psychiatric Center · No. 1:22-cv-05678
- Laura Swain
- Aug. 9, 2022
Background
Jonathan William Neira Marquez applied to proceed without paying the filing fee. In an order dated July 5, 2022, the court denied that application because it did not show that he was unable to pay. The court directed him to pay the $402 in required filing fees within 30 days and warned that failing to comply would result in dismissal.
Ruling
The court found that Marquez had not paid the fees or responded to the order. It 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 any appeal from the order would not be taken in good faith. It denied fee-free status for purposes of an appeal and ordered that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.