Paul v. American Express
- Laura Swain
- 1:22-cv-05728
- U.S. District Court · Southern District of New York
- 1
In Paul v. American Express, Judge Swain dismissed the complaint after Paul failed to file the required amended complaint.
Selwyn Paul and American Express; the order dismissed Paul's complaint and denied fee-waiver status for an appeal.
What happened
In Paul v. American Express, the court had ordered Selwyn Paul to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Paul did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without paying the filing fee under the federal fee-waiver process.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-waiver status for any appeal. She directed the clerk to enter judgment.
The detailed version
- Paul v. American Express · No. 1:22-cv-05728
- Laura Swain
- Mar. 13, 2023
Background
On January 3, 2023, the court ordered Selwyn Paul to file an amended complaint within 60 days. The order stated that failure to comply would result in dismissal. Paul did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-waiver status for purposes of an appeal. The clerk was directed to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.