Fredricks v. Mennin
- Laura Swain
- 1:22-cv-05920
- U.S. District Court · Southern District of New York
- 2
In Fredricks v. Mennin, Chief Judge Swain dismissed the complaint without prejudice because Fredricks neither paid filing fees nor submitted required forms.
Nigel Fredricks's complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fee. The court also denied fee-free status for any appeal.
What happened
In Fredricks v. Mennin, the court had ordered Nigel Fredricks to submit a request to proceed without paying court fees and a prisoner authorization, or to pay the required $402 filing fee.
Fredricks did not submit the required forms or pay the fee within the 30-day deadline. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal. The clerk was directed to enter judgment.
The detailed version
- Fredricks v. Mennin · No. 1:22-cv-05920
- Laura Swain
- Sept. 15, 2022
Background
Nigel Fredricks filed a civil complaint against Judge Mennin, Judge Biden, Kenneth Gilberth, D.A. John Doe, and Martha Linburger. The opinion does not describe the complaint's underlying claims.
On July 12, 2022, the court ordered Fredricks to do one of two things within 30 days: submit a completed request to proceed without paying filing fees and a prisoner authorization, or pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Fredricks did not submit the required request and authorization and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of the claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for an appeal. The clerk was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.