Herbin v. The City of New York
- Laura Swain
- 1:22-cv-05890
- U.S. District Court · Southern District of New York
- 2
In Herbin v. The City of New York, Judge Swain dismissed the complaint without prejudice because Herbin neither sought a fee waiver nor paid filing fees.
Reginald Herbin’s complaint was dismissed without prejudice because he did not submit an application to proceed without paying filing fees or pay the required filing fee. His request to appeal without paying fees was also denied.
What happened
In Herbin v. The City of New York, the court ordered Reginald Herbin to either request permission to proceed without paying court fees or pay the required $402 filing fee. The court warned that failing to do so would result in dismissal.
Herbin did neither. The opinion also states that he told the court he was detained at the Anna M. Kross Center on Rikers Island, and that the Clerk’s Office sent him a copy of the earlier order there.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk to enter judgment dismissing the case. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Herbin v. The City of New York · No. 1:22-cv-05890
- Laura Swain
- Dec. 7, 2022
Background
The court had previously ordered Reginald Herbin, within 30 days, either to submit an application to proceed without paying filing fees, known as proceeding in forma pauperis (IFP), or to pay the $402 required to file a civil action. That order stated that failure to comply would result in dismissal of the complaint.
The opinion states that Herbin did not submit an IFP application and did not pay the filing fees. It also states that, on October 18, 2022, Herbin informed the court that he was detained at the Anna M. Kross Center on Rikers Island, and that the Clerk’s Office sent him a copy of the earlier order at that facility on October 21, 2022.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk to enter judgment dismissing the case. Because the court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith, it denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.