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S.D.N.Y.Procedural orderFiled Oct. 7, 2022

Bey v. Officer Badge 1149

Judge
Laura Swain
Docket
1:22-cv-06996
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Bey v. Officer Badge #1149, Judge Swain dismissed the complaint without prejudice after Bey neither amended his fee-waiver request nor paid the filing fee.

Who this affects

E’Jai Bey’s complaint was dismissed without prejudice after he did not submit the required amended fee-waiver application or pay the filing fee. The court also denied fee-waiver status for any appeal.

What happened

In Bey v. Officer Badge #1149, E’Jai Bey brought a civil complaint against Officer Badge #1149.

The court had ordered Bey to submit an amended application to waive the filing fee or pay the required $402.00 within 30 days. Bey did neither.

The complaint was dismissed without prejudice, and Judge Laura Taylor Swain denied fee-waiver status for any appeal after finding that an appeal would not be taken in good faith. The clerk was directed to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bey v. Officer Badge 1149 · No. 1:22-cv-06996
Judge
Laura Swain
Date
Oct. 7, 2022

Background

E’Jai Bey filed a civil complaint against Officer Badge #1149. The court had previously directed Bey to submit an amended application to proceed without paying the filing fee or to pay the $402.00 filing fee within 30 days. The court warned that failing to do so would result in dismissal.

Ruling

Because Bey did not submit an amended fee-waiver application or pay the filing fee, Judge Laura Taylor Swain dismissed the complaint without prejudice. The court also certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The clerk was directed to enter judgment.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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