Hall v. Corenzo
- Laura Swain
- 1:22-cv-07436
- U.S. District Court · Southern District of New York
- 2
In Hall v. Corenzo, Judge Swain dismissed Isaiah J. Hall’s complaint without prejudice for failing to pay filing fees or request permission to proceed without payment.
Isaiah J. Hall’s complaint was dismissed without prejudice, and permission to appeal without paying the filing fee was denied.
What happened
In Hall v. Corenzo, the court ordered Isaiah J. Hall to pay the required $402 filing fee or submit a completed request to proceed without paying it. The order warned that failing to do so would result in dismissal.
The order was returned because Hall was no longer held at that facility, and he did not comply with the payment requirement or notify the court of a new mailing address. The court dismissed his complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also determined that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
The detailed version
- Hall v. Corenzo · No. 1:22-cv-07436
- Laura Swain
- Nov. 7, 2022
Background
On September 14, 2022, the court ordered Isaiah J. Hall, within 30 days, either to pay the $402 filing fee required to begin a civil action or to submit a completed request to proceed without paying the fee. The order stated that failure to comply would lead to dismissal of the complaint.
On October 17, 2022, the order was returned to the court with a notation that Hall was no longer held at that facility. Hall did not comply with the order and did not notify the court that his mailing address had changed.
Ruling
The court dismissed Hall’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion did not address the underlying claims against the defendants.
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 the filing fee for an appeal. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.