Beaman v. Services for the Undeserved
- Laura Swain
- 1:22-cv-10911
- U.S. District Court · Southern District of New York
- 1
Beaman v. Service for the Underserved was dismissed without prejudice for failing to file a fee-waiver request or pay filing fees, Judge Swain ruled.
Shelton Beaman's complaint was dismissed without prejudice, and permission to appeal without paying fees was denied.
What happened
In Beaman v. Service for the Underserved, the court had ordered Shelton Beaman to file a completed request to proceed without paying filing fees or pay the required $402 in fees within 30 days.
Beaman did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk was directed to enter judgment.
The detailed version
- Beaman v. Services for the Undeserved · No. 1:22-cv-10911
- Laura Swain
- Feb. 13, 2023
Background
The court had previously ordered Shelton Beaman to do one of two things within 30 days: submit a completed application to proceed without paying court fees, or pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Because Beaman did not submit the application or pay the fees, the court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. 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.