Fredricks v. Doe
- Laura Swain
- 1:22-cv-07661
- U.S. District Court · Southern District of New York
- 1
Fredricks v. Doe: Judge Swain dismissed Nigel Fredricks’s complaint without prejudice because he neither paid the filing fee nor submitted required forms.
Nigel Fredricks, whose complaint was dismissed without prejudice; the order did not reach the allegations against the defendants.
What happened
In Fredricks v. Doe, the court had ordered Nigel Fredricks to submit an application to waive the filing fee and a required prisoner authorization, or pay the $402 filing fee. The order warned that failing to do so would lead to dismissal.
Fredricks did not submit the required forms or pay the fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar a later filing. The court also denied fee-waiver status for any appeal and said an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain issued the order and directed the Clerk of Court to enter judgment.
The detailed version
- Fredricks v. Doe · No. 1:22-cv-07661
- Laura Swain
- Oct. 11, 2022
Background
The court had previously ordered Nigel Fredricks to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee, along with a prisoner authorization, or pay the $402 required to file a civil action. The earlier order stated that failing to comply would result in dismissal.
Ruling
Fredricks did not submit the application and prisoner authorization and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not resolve the allegations against the defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-waiver 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.