Daniels v. State of NY
- Laura Swain
- 1:23-cv-00655
- U.S. District Court · Southern District of New York
- 1
In Daniels v. State of New York, Judge Swain dismissed the complaint without prejudice because Daniels neither paid the fee nor submitted an IFP application.
The dismissal affected Shatrek Daniels’s case against the State of New York. The complaint was dismissed without prejudice because Daniels did not pay the filing fee or submit the required fee-waiver application.
What happened
In Daniels v. State of New York, the court had ordered Shatrek Daniels to submit an application to proceed without paying court fees or to pay the $5 filing fee for a habeas petition.
Daniels did neither within the required thirty-day period. The court’s earlier order warned that failing to comply would result in dismissal.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Daniels v. State of NY · No. 1:23-cv-00655
- Laura Swain
- Mar. 29, 2023
Background
The court had previously directed Shatrek Daniels to either submit a completed application to proceed without paying filing fees, known as an in forma pauperis application, or pay the $5 fee required to file a habeas petition. The order gave Daniels thirty days to comply and stated that the complaint would be dismissed if Daniels did not do so.
Ruling
The court found that Daniels had not submitted the application or paid the fee. Chief Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.