Henryx v. Radhakrishnan
- Laura Swain
- 1:23-cv-00627
- U.S. District Court · Southern District of New York
- 1
In Henryx v. Radhakrishnan, Judge Swain dismissed the complaint without prejudice after the plaintiff neither paid filing fees nor submitted the required fee-waiver application.
The plaintiff, Christopher A. Henryx, whose complaint was dismissed without prejudice after he did not pay the required filing fees or submit the required application. The court also denied fee-free status for an appeal.
What happened
Christopher A. Henryx sued Aditya Radhakrishnan and other defendants in the Southern District of New York.
The court had ordered Henryx to submit an application to proceed without paying filing fees or to pay the required $402. Henryx did neither within the required time.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied fee-free status for any appeal.
The detailed version
- Henryx v. Radhakrishnan · No. 1:23-cv-00627
- Laura Swain
- Mar. 20, 2023
Background
By an order dated January 27, 2023, the court directed Christopher A. Henryx, 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 order warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Henryx did not submit the application or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for doing so.
Judge Laura Taylor Swain also certified that any appeal would not be taken in good faith and denied fee-free status for an appeal. The court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.