Rompalli v. 63 West LLC
- Laura Swain
- 1:22-cv-09617
- U.S. District Court · Southern District of New York
- 1
In Rompalli v. 63 West LLC, Judge Swain dismissed the action without prejudice after Rompalli neither completed an IFP application nor paid filing fees.
The dismissal ended Murty Rompalli’s action against 63 West LLC and Real New York LLC without prejudice because he did not submit the required fee-waiver application or pay the filing fee. The court also denied fee-free status for an appeal.
What happened
In Rompalli v. 63 West LLC, the court had ordered Plaintiff Murty Rompalli to submit a completed and signed application to proceed without paying court fees or pay the $402 filing fee.
The court had warned that failing to do either within 30 days would lead to dismissal. Rompalli did not submit the amended application or pay the fee.
Judge Laura Taylor Swain dismissed the action without prejudice, denied fee-free status for any appeal, and directed the Clerk of Court to enter judgment.
The detailed version
- Rompalli v. 63 West LLC · No. 1:22-cv-09617
- Laura Swain
- Jan. 24, 2023
Background
By an order dated November 18, 2022, the court directed Plaintiff Murty Rompalli to submit a completed and signed application to proceed without paying court fees, or to pay the $402 required to file a civil action. The order stated that failing to comply within 30 days would result in dismissal. Rompalli did not submit the amended application or pay the filing fee.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.