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S.D.N.Y.Procedural orderFiled Jan. 10, 2023

Fredricks v. Sheerwood

Judge
Laura Swain
Docket
1:22-cv-10323
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Fredricks v. Sheerwood, Judge Swain dismissed the complaint without prejudice because Fredricks neither sought a fee waiver nor paid the filing fees.

Who this affects

Nigel Fredricks's complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization documents or pay the filing fees. The opinion does not state whether he was represented by a lawyer.

What happened

In Fredricks v. Sheerwood, the court had ordered Nigel Fredricks to submit paperwork requesting permission to proceed without paying filing fees and prisoner authorization, or to pay the required fees.

Fredricks did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and directed the clerk to enter judgment.

Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.

The detailed version

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

Case
Fredricks v. Sheerwood · No. 1:22-cv-10323
Judge
Laura Swain
Date
Jan. 10, 2023

Background

By an order dated December 7, 2022, the court directed Nigel Fredricks to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.

Ruling

Fredricks did not submit the required application and authorization and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.

Appeal-Fee Ruling

Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying fees.

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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