Woodson v. McCoy
- Laura Swain
- 1:22-cv-07230
- U.S. District Court · Southern District of New York
- 1
In Woodson v. McCoy, Judge Swain dismissed the complaint without prejudice because Woodson neither paid the filing fee nor filed an IFP application.
Kenneth H. Woodson’s complaint was dismissed without prejudice because he did not pay the filing fee or submit an IFP application. The order did not decide the claims against Lisaraye McCoy or K&M Consulting & Taxing.
What happened
In Woodson v. McCoy, the court required Kenneth H. Woodson to either submit an application to proceed without paying filing fees or pay the $402 filing fee.
Woodson did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning it was not permanently barred from being filed again.
Judge Laura Taylor Swain also denied fee-free status for any appeal and directed the Clerk of Court to enter judgment. The court did not decide the underlying claims.
The detailed version
- Woodson v. McCoy · No. 1:22-cv-07230
- Laura Swain
- Sept. 29, 2022
Background
By an order dated August 25, 2022, the court directed Kenneth H. Woodson to submit a completed application to proceed without paying filing fees, commonly called an IFP application, within thirty days, or to pay the $402 required filing fee. The order warned that failing to do so would result in dismissal of the complaint.
Ruling
Woodson did not submit an IFP application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the filing-fee requirement; the opinion does not address the merits of Woodson’s claims against Lisaraye McCoy or K&M Consulting & Taxing.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.