Higgins v. Blinken
- Laura Swain
- 1:22-cv-10801
- U.S. District Court · Southern District of New York
- 1
In Higgins v. Blinken, Judge Swain dismissed the complaint without prejudice after Higgins neither paid filing fees nor submitted an application to proceed without them.
Higgins's complaint was dismissed without prejudice because he did not submit the required application to proceed without paying filing fees or pay the $402 filing fee. The court also denied permission to appeal without paying fees.
What happened
In Higgins v. Blinken, the court ordered Higgins to submit a request to proceed without paying filing fees or pay the required filing fees within 30 days.
Higgins did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar a new filing.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Higgins v. Blinken · No. 1:22-cv-10801
- Laura Swain
- Mar. 1, 2023
Background
The caption identifies the plaintiff as Sean Rick Higgins, also known as Mark Rock Higgins. In a January 6, 2023 order, the court directed Higgins, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $402 required to file a civil action. The court warned that failure to comply would result in dismissal.
Higgins did not submit the application or pay the fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing 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.