Suarez v. Mount Sinai
- Laura Swain
- 1:22-cv-07352
- U.S. District Court · Southern District of New York
- 1
Suarez v. Mount Sinai: Judge Swain dismissed the complaint without prejudice after Suarez neither sought fee relief nor paid the filing fee.
Susan Suarez's complaint was dismissed without prejudice because she did not submit the required application to proceed without paying filing fees or pay the $402 filing fee. Fee-free status was also denied for an appeal.
What happened
In Suarez v. Mount Sinai, Susan Suarez filed a civil complaint against Mount Sinai and other defendants in the Southern District of New York.
The court had ordered Suarez to either submit an application to proceed without paying filing fees or pay the required $402 filing fee within 30 days. She did neither.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied fee-free status for any appeal after finding that an appeal would not be taken in good faith.
The detailed version
- Suarez v. Mount Sinai · No. 1:22-cv-07352
- Laura Swain
- Oct. 7, 2022
Background
On August 30, 2022, the court ordered Susan Suarez to submit a completed application to proceed without paying filing fees or to pay the $402 in fees required to file a civil action. The order gave her 30 days and stated that failing to comply would result in dismissal of the complaint.
Ruling
Suarez 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. “Without prejudice” means the dismissal does not itself bar refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.