Li v. Jaddou
- Jesse Furman
- 1:22-cv-04462
- U.S. District Court · Southern District of New York
- 1
In Li v. Jaddou, Judge Swain dismissed Xinye Li’s complaint without prejudice for not paying filing fees or submitting a fee-waiver request.
Xinye Li’s complaint was dismissed without prejudice because Li did not submit the required fee-waiver application or pay the $402 filing fee. Permission to appeal without paying fees was also denied.
What happened
In Li v. Jaddou, the court ordered Xinye Li to either submit a request to proceed without paying filing fees or pay the required $402 filing fee within 30 days.
Li did neither. The court’s earlier order warned that failing to comply would result in dismissal of the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning it was not permanently barred on this ground. She also denied Li permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Li v. Jaddou · No. 1:22-cv-04462
- Jesse Furman
- Aug. 10, 2022
Background
The court had previously ordered Xinye Li, within 30 days, to submit a completed application to proceed without paying filing fees, known as an in forma pauperis application, or to pay the $402 required fee for filing a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Li did not submit the application or pay the fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to enter judgment.
Effect
The opinion does not decide the underlying claims against the Director of U.S. Citizenship and Immigration Services. The dismissal was based on Li’s failure to satisfy the filing-fee requirement, and the court expressly stated that it was without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.