Henryx v. Radhakrishnan
- Paul Gardephe
- 1:23-cv-00831
- U.S. District Court · Southern District of New York
- 1
In Henryx v. Radhakrishnan, Judge Swain dismissed Christopher A. Henryx’s complaint without prejudice after he neither paid the filing fee nor submitted a fee-waiver request.
Christopher A. Henryx’s complaint was dismissed without prejudice because he did not submit the required fee-waiver request or pay the filing fee. The court also denied fee-waiver status for any appeal from the order.
What happened
In Henryx v. Radhakrishnan, the court required Christopher A. Henryx to either submit a completed request to proceed without paying filing fees or pay the fees required to file a civil case.
The court had given Henryx 30 days to comply and warned that failing to do so would lead to dismissal. Henryx did not submit the request or pay the fees.
The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. Judge Laura Taylor Swain also ruled that Henryx could not proceed without paying fees for an appeal because an appeal would not be taken in good faith.
The detailed version
- Henryx v. Radhakrishnan · No. 1:23-cv-00831
- Paul Gardephe
- Apr. 11, 2023
Background
By order dated February 8, 2023, the court directed Christopher A. Henryx to submit a completed request 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 of the complaint.
Court’s Analysis
Henryx did not file the fee-waiver request and did not pay the filing fees. The order resolved the case based on that failure and did not address the underlying allegations or legal claims.
Ruling
Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for 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.