Higgins v. Blinken
- Laura Swain
- 1:22-cv-09714
- U.S. District Court · Southern District of New York
- 1
In Higgins Family Trust v. Antony Blinkin, Judge Swain dismissed the complaint without prejudice after plaintiffs neither submitted a request to proceed without paying fees nor paid required filing fees.
The dismissal affected the plaintiffs in Higgins Family Trust, et al.; the complaint was dismissed without prejudice because they did not submit the required application or pay the filing fee.
What happened
Higgins Family Trust v. Antony Blinkin involved plaintiffs who were ordered to submit a completed request to proceed without paying filing fees or pay the required $402 filing fee within 30 days. The court had warned that failing to do so would result in dismissal.
The plaintiffs did not submit the request or pay the fee. They instead raised objections, but the court rejected them and dismissed the complaint without prejudice for failing to follow the court’s order.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court ordered that judgment be entered.
The detailed version
- Higgins v. Blinken · No. 1:22-cv-09714
- Laura Swain
- Dec. 19, 2022
Background
On November 16, 2022, the court ordered the plaintiff to either submit a completed application to proceed without paying filing fees, called an IFP application, or pay the $402 required fee for filing a civil action. The order gave the plaintiff 30 days and warned that failure to comply would lead to dismissal.
Court’s ruling
The plaintiff did not submit an IFP application and did not pay the filing fee. Instead, the plaintiff raised objections. The court stated that none of the objections could be sustained. It therefore dismissed the complaint without prejudice for failure to comply with the court’s order, citing 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It accordingly denied permission to proceed without paying fees for purposes of an appeal and ordered that judgment issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.