Miles-Baker v. 1 X Instagram
- Laura Swain
- 1:22-cv-07485
- U.S. District Court · Southern District of New York
- 1
In Miles-Baker v. 1 X Instagram, Judge Swain dismissed the complaint without prejudice after Miles-Baker neither paid filing fees nor submitted an IFP application.
Eric T. Miles-Baker’s complaint was dismissed without prejudice because he did not submit the required application or pay the filing fee. The opinion does not describe any separate effect on the defendants.
What happened
In Miles-Baker v. 1 X Instagram, the court had ordered Eric T. Miles-Baker to either submit a request to proceed without paying filing fees or pay the required $402 filing fee within 30 days.
Miles-Baker did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied Miles-Baker permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Miles-Baker v. 1 X Instagram · No. 1:22-cv-07485
- Laura Swain
- Oct. 5, 2022
Background
The court had previously directed Eric T. Miles-Baker, within 30 days, to either submit a completed application to proceed without paying the filing fees or pay the $402 required to file a civil action. The prior order warned that failing to do so would result in dismissal.
Court’s ruling
Miles-Baker did not submit the application and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees 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.