Yorro v. The Federal Trading Comm.
- Laura Swain
- 1:22-cv-06053
- U.S. District Court · Southern District of New York
- 1
In Yorro v. Federal Trading Comm., Judge Swain dismissed the action without prejudice after Yorro neither submitted an IFP application nor paid the required filing fees.
Jacqueline Cano Yorro’s action was dismissed without prejudice because she did not submit the required application to proceed without paying filing fees or pay the $402 filing fee. Permission to appeal without paying fees was also denied.
What happened
In Yorro v. The Federal Trading Comm., Jacqueline Cano Yorro was ordered to submit an application to proceed without paying filing fees or to pay the required $402 in fees within 30 days.
Yorro did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith. The court ordered that judgment be entered.
The detailed version
- Yorro v. The Federal Trading Comm. · No. 1:22-cv-06053
- Laura Swain
- Oct. 4, 2022
Background
By an order dated July 29, 2022, the court directed Jacqueline Cano Yorro to either submit a completed application to proceed without paying filing fees, known as an application to proceed in forma pauperis, or pay the $402 required to file a civil action. The order warned that failing to do so would result in dismissal.
Court’s Ruling
Yorro did not submit the application or pay the filing fees. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. Judgment was ordered to issue.
Effect
The action was dismissed without prejudice, so the opinion does not state that refiling is barred. The opinion does not describe the underlying claims or decide their merits. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.