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S.D.N.Y.Procedural orderFiled Dec. 15, 2022

Parker v. Haaland

Judge
Laura Swain
Docket
1:22-cv-08107
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Parker v. Haaland, Judge Swain dismissed Parker’s complaint without prejudice after he neither filed a fee-waiver application nor paid the filing fee.

Who this affects

Jamal Parker’s complaint was dismissed without prejudice, and fee-waiver status was denied for any appeal. The defendants were affected by the termination of this case, but the opinion does not address the merits of the claims.

What happened

In Parker v. Haaland, Jamal Parker did not submit the required application to proceed without paying filing fees or pay the $402 filing fee after the court ordered him to do so.

The court dismissed Parker’s complaint without prejudice, meaning the dismissal did not bar refiling. It also denied fee-waiver status for any appeal after stating that an appeal would not be taken in good faith.

Chief United States District Judge Laura Taylor Swain issued the order and directed the Clerk of Court to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Parker v. Haaland · No. 1:22-cv-08107
Judge
Laura Swain
Date
Dec. 15, 2022

Background

The court had ordered Jamal Parker to submit a completed application to proceed without paying filing fees or pay the $402 required to file a civil action. Parker instead filed a document called a “Master Bill of Lading” objecting to that requirement. He did not submit the fee-waiver application or pay the filing fee.

Ruling

The court dismissed the complaint without prejudice under the federal statutes governing filing fees and fee waivers. The opinion does not address the substance of Parker’s claims. The court also certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to enter judgment.

Classification

This is a procedural order because the court dismissed the case for failure to comply with the filing-fee requirement rather than deciding the underlying claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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