Oad v. Office of Federal Student Aid - U.S. Department of Education
- Laura Swain
- 1:23-cv-01454
- U.S. District Court · Southern District of New York
- 1
In Oad v. Office of Federal Student Aid, Chief Judge Swain dismissed the action without prejudice after Oad did not pay the required filing fees.
The dismissal ended Oad’s action without prejudice because the required filing fee was not paid. The court also denied a fee waiver for any appeal.
What happened
In Oad v. Office of Federal Student Aid – U.S. Department of Education, the court had denied Meharchand N. Oad’s request to proceed without paying filing fees in advance. The court ordered Oad to pay $402 within 30 days.
Oad did not pay the fees by the deadline. The court’s order had warned that failing to pay would result in dismissal.
Chief Judge Laura Taylor Swain dismissed the action without prejudice, meaning it was not permanently barred on this ground. The court also denied Oad permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Oad v. Office of Federal Student Aid - U.S. Department of Education · No. 1:23-cv-01454
- Laura Swain
- Apr. 11, 2023
Background
On February 23, 2023, the court denied Meharchand N. Oad’s request to proceed without prepaying filing fees, commonly called proceeding in forma pauperis. The court directed Oad to pay the $402 filing fee within 30 days and stated that failing to do so would result in dismissal.
Ruling
Oad did not pay the required fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) 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.