In Re: Tronox Incorporated
- John Cronan
- 1:21-cv-09517
- U.S. District Court · Southern District of New York
- 2
In Sarah Pate v. Tronox Incorporated, Judge Cronan dismissed the case without prejudice because Pate did not pay the filing fee or submit the required fee-waiver application.
Sarah Pate, the self-represented appellant, whose case was dismissed without prejudice for failing to pay the filing fee or submit the required application to proceed without paying fees.
What happened
In Sarah Pate v. Tronox Incorporated, Sarah Pate asked to proceed without paying court fees in advance. She was representing herself. The court directed her to submit the required application within seven days after receiving that order.
The court’s records showed that the order was mailed to Pate at the address listed on the docket. The deadline passed, but she did not submit the application or otherwise complete the filing-fee requirement.
The court dismissed the case without prejudice for failure to pay the filing fee. Judge John P. Cronan directed the clerk to mail Pate a copy of the order and close the case.
The detailed version
- In Re: Tronox Incorporated · No. 1:21-cv-09517
- John Cronan
- Aug. 17, 2022
Background
Sarah Pate, who was representing herself, asked to proceed without paying court fees in advance. The court received that request on May 13, 2022; the request was dated April 20, 2022.
Because Pate had not filed the required application to proceed without paying fees or costs, the court ordered her on May 17, 2022, to complete and submit the application within seven days after the order was served. The docket showed that the order was mailed to Pate on May 18, 2022, at the address listed on the docket.
Ruling
The court found that the deadline had passed and that Pate had not submitted the required application. It therefore dismissed the case without prejudice for failure to pay the filing fee. The court relied on a Second Circuit decision stating that a district court properly dismissed a bankruptcy appeal when the appellant neither paid the filing fee nor applied to proceed without paying it.
Judge John P. Cronan directed the clerk to mail Pate a copy of the order and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.