Nguyen v. N/A-Crime
- Laura Swain
- 1:22-cv-10240
- U.S. District Court · Southern District of New York
- 1
Nguyen v. N/A-Crime: Judge Swain dismissed the complaint without prejudice after Nguyen neither paid filing fees nor submitted the required amended fee-waiver application.
Vuth Nguyen’s complaint was dismissed without prejudice because Nguyen did not submit the required amended fee-waiver application or pay the filing fee. The court also denied fee-waiver status for an appeal.
What happened
In Nguyen v. N/A-Crime, the court had ordered Vuth Nguyen to submit a completed application to proceed without paying filing fees or pay the $402 filing fee.
Nguyen did neither within the required thirty days. The opinion does not address the underlying claims.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the Clerk to enter judgment, and denied fee-waiver status for any appeal because the court certified that an appeal would not be taken in good faith.
The detailed version
- Nguyen v. N/A-Crime · No. 1:22-cv-10240
- Laura Swain
- Feb. 7, 2023
Background
By an order dated December 7, 2022, the court directed Vuth Nguyen either to submit a completed amended application to proceed without paying filing fees or to pay the $402 required filing fee for a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Court’s ruling
Nguyen did not submit the amended application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar a later filing on the same claims, although the opinion does not discuss any requirements for refiling.
The court also certified under 28 U.S.C. § 1915(a)(3) 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.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.