Quaglia v. Flynn
- Laura Swain
- 1:22-cv-06240
- U.S. District Court · Southern District of New York
- 1
In Quaglia v. Flynn, Judge Swain dismissed the complaint without prejudice because Frank M. Quaglia neither paid the filing fee nor applied to proceed without paying.
Plaintiff Frank M. Quaglia, doing business as Full Circle Glass; defendants John J. Flynn and American Legion (Post 663); and the status of any appeal requiring permission to proceed without paying fees.
What happened
In Quaglia v. Flynn, the court ordered Plaintiff to either submit an application to proceed without paying filing fees or pay the $402 filing fee within 30 days. The order warned that failing to do so would result in dismissal.
Plaintiff did neither. The court dismissed the complaint without prejudice, and the order did not address the substance of the claims.
Chief Judge Laura Taylor Swain also denied permission to proceed without paying fees on appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Quaglia v. Flynn · No. 1:22-cv-06240
- Laura Swain
- Sept. 15, 2022
Background
The court had previously ordered Plaintiff Frank M. Quaglia, doing business as Full Circle Glass, to submit an application to proceed without paying filing fees or pay the $402 required to file a civil action. Plaintiff was given 30 days to comply, and the order warned that failure to do so would result in dismissal.
Ruling
Plaintiff did not submit the application or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not decide the substance of Plaintiff's claims.
The court certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. It directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.