Dubose v. Walden
- Laura Swain
- 1:22-cv-05783
- U.S. District Court · Southern District of New York
- 2
In Dubose v. Walden, Judge Swain dismissed Dubose’s complaint without prejudice after he failed to pay fees or submit required forms.
Tyrek Dubose’s complaint was dismissed without prejudice. The defendants were not required to litigate the underlying claims in this order, and Dubose was denied permission to appeal without paying fees.
What happened
In Dubose v. Walden, the court ordered Tyrek Dubose to either pay the $400 filing fee or submit a completed request to proceed without paying it, along with a required prisoner authorization.
The order was returned because Dubose was no longer held at that facility. He did not follow the court’s instructions, tell the court his new mailing address, or contact the court again.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied Dubose permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Dubose v. Walden · No. 1:22-cv-05783
- Laura Swain
- Aug. 22, 2022
Background
The court had previously ordered Plaintiff Tyrek Dubose to do one of two things within 30 days: pay the $400 filing fees required for a civil action, or submit a completed application to proceed without paying the filing fee and a prisoner authorization. The court’s order was returned on August 4, 2022, with a notation that Dubose was no longer held at that facility. Dubose did not comply with the order, notify the court of a change of mailing address, or contact the court further.
Ruling
The court dismissed Dubose’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees. The Clerk of Court was directed to issue judgment.
Effect
The case was dismissed because Dubose did not pay the filing fee or submit the required paperwork and did not remain in contact with the court. The opinion does not decide the underlying claims against C.O. Walden or the other defendants. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.