Evans v. Juste
- Laura Swain
- 1:22-cv-09765
- U.S. District Court · Southern District of New York
- 1
In Evans v. Juste, Judge Swain dismissed the complaint without prejudice because Evans neither submitted required forms nor paid filing fees.
James Earl Evans, Sr.'s complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization forms or pay the $402 filing fee. The order did not decide the claims against Dr. D. Juste or Jane Doe.
What happened
In Evans v. Juste, the court required James Earl Evans, Sr. to submit forms requesting permission to proceed without paying court fees and authorizing deductions from a prisoner account, or to pay the filing fees.
Evans did not submit the forms or pay the fees by the deadline set by the court. The order had warned that failing to comply would result in dismissal.
Judge Laura Taylor Swain dismissed the complaint without prejudice and denied permission to proceed without paying fees on appeal. The clerk was directed to enter judgment.
The detailed version
- Evans v. Juste · No. 1:22-cv-09765
- Laura Swain
- Jan. 3, 2023
Background
The plaintiff, James Earl Evans, Sr., brought a complaint against Dr. D. Juste and Jane Doe. In an earlier order dated November 17, 2022, the court directed Evans to do one of two things within 30 days: submit a completed request to proceed without paying court fees, along with a prisoner authorization, or pay the $402 required to file a civil action.
The earlier order warned that failing to comply would result in dismissal. Evans did not submit the required forms and did not pay the filing fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not bar refiling, although the opinion does not explain any additional requirements for a future filing.
The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The clerk was directed to enter judgment. The opinion does not address the underlying claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.