Singh v. Capra
- Laura Swain
- 1:22-cv-07712
- U.S. District Court · Southern District of New York
- 1
In Singh v. Capra, Judge Swain dismissed Singh’s complaint without prejudice because he neither paid filing fees nor submitted required forms.
Harpreet Singh’s complaint was dismissed without prejudice, and he was denied permission to appeal without paying fees.
What happened
In Singh v. Capra, the court had ordered Singh to submit forms requesting permission to proceed without paying filing fees and authorizing deductions from a prisoner account, or to pay the required $402 filing fee.
Singh did none of those things within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees, 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 does not describe the complaint’s underlying claims.
The detailed version
- Singh v. Capra · No. 1:22-cv-07712
- Laura Swain
- Nov. 15, 2022
Background
By an order dated September 13, 2022, the court gave Harpreet Singh thirty days to do one of two things: submit a completed application to proceed without paying the filing fee and a required prisoner authorization, or pay the $402 fee for filing a civil action. The earlier order warned that failing to comply would result in dismissal.
Court’s ruling
The court found that Singh had not submitted the application or authorization and had not paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits or identify the claims in the complaint.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. 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.