Lifriere v. John/Jane Doe
- Laura Swain
- 1:23-cv-00484
- U.S. District Court · Southern District of New York
- 1
In Lifriere v. John/Jane Doe, Judge Swain dismissed the complaint without prejudice because Lifriere neither paid the filing fee nor submitted required fee-waiver documents.
Demetrio Lifriere, whose complaint was dismissed without prejudice. The opinion does not describe the underlying claims or identify any specific effect on John/Jane Doe.
What happened
In Lifriere v. John/Jane Doe, the court gave Demetrio Lifriere 30 days to pay the $402 filing fee or submit a request to file without paying it and a required prisoner authorization. The court warned that failure to comply would lead to dismissal.
Lifriere did not pay the fee or submit the required documents. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The opinion does not describe the underlying claims.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Lifriere permission to appeal without paying fees. The Clerk of Court was directed to enter judgment.
The detailed version
- Lifriere v. John/Jane Doe · No. 1:23-cv-00484
- Laura Swain
- Mar. 13, 2023
Background
On January 26, 2023, the court ordered Demetrio Lifriere either to pay the $402.00 fees required to file a civil action or to submit a completed request to proceed without paying those fees, known as proceeding in forma pauperis (IFP), along with a prisoner authorization. The order gave Lifriere 30 days to comply and warned that the complaint would be dismissed if he did not.
Court’s Reasoning
The court stated that Lifriere had neither paid the filing fees nor filed the IFP application and prisoner authorization. Based on that failure to comply with the earlier order, the court dismissed the complaint. The opinion did not address the merits of the claims.
Disposition
The complaint was dismissed without prejudice. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied IFP 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.