Tcheumani v. JP Morgan Chase Bank
- Laura Swain
- 1:22-cv-07812
- U.S. District Court · Southern District of New York
- 1
Tcheumani v. JP Morgan Chase Bank: Judge Swain dismissed the complaint without prejudice because Plaintiff neither filed an IFP application nor paid the filing fee.
Plaintiff's complaint was dismissed without prejudice, and permission to proceed without paying fees for an appeal was denied. The opinion did not resolve the underlying claims against the defendants.
What happened
In Tcheumani v. JP Morgan Chase Bank, the court had ordered Plaintiff to either submit an application to proceed without paying the filing fee or pay $402 to start the case. The deadline passed without either filing or payment.
The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling. The court also denied permission to proceed without paying fees for any appeal, finding that an appeal would not be taken in good faith.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The opinion did not decide the underlying claims against the defendants.
The detailed version
- Tcheumani v. JP Morgan Chase Bank · No. 1:22-cv-07812
- Laura Swain
- Nov. 1, 2022
Background
By an order dated September 13, 2022, the court directed Plaintiff to submit a completed application to proceed in forma pauperis (without paying the filing fee in advance) or pay the $402 filing fee required to bring a civil action in the court. The order warned that failure to comply would result in dismissal.
Ruling
Plaintiff did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the failure to satisfy the filing-fee or fee-waiver requirement; the opinion did not address the merits of Plaintiff's claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order 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. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.