Calderon v. Fire Department of the City of New York
- Laura Swain
- 1:22-cv-08078
- U.S. District Court · Southern District of New York
- 1
Calderon v. Fire Department of New York: Judge Swain dismissed the complaint without prejudice because Calderon neither paid filing fees nor submitted an IFP application.
Ana E. Calderon's complaint was dismissed without prejudice after she did not pay the filing fee or submit an application to proceed without paying it. Her request to proceed without paying fees for an appeal was also denied.
What happened
In Calderon v. Fire Department of the City of New York, the court had ordered Ana E. Calderon to submit an application to proceed without paying filing fees or pay the required $402 filing fee within 30 days.
Calderon did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied Calderon permission to proceed without paying fees for an appeal.
The detailed version
- Calderon v. Fire Department of the City of New York · No. 1:22-cv-08078
- Laura Swain
- Nov. 3, 2022
Background
The court had previously directed Ana E. Calderon, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $402 required to file a civil action. The prior order warned that failing to comply would result in dismissal.
Ruling
Calderon did not submit the application or pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.