Boomer v. Ramirez
- Laura Swain
- 1:23-cv-01298
- U.S. District Court · Southern District of New York
- 1
In Boomer v. Ramirez, Judge Swain dismissed the complaint without prejudice because Boomer neither paid filing fees nor submitted the required fee-waiver form.
Samantha Boomer's complaint was dismissed without prejudice after she did not submit the required amended fee-waiver application or pay the $402 filing fee. The case's other pending matters were terminated, and judgment was ordered.
What happened
In Boomer v. Ramirez, the court had directed Samantha Boomer to either submit a completed application to proceed without paying filing fees or pay the fees required to file a civil case.
The court gave Boomer 30 days to comply and warned that failing to do so would result in dismissal. Boomer did not submit the amended application or pay the required fees.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, ended all other pending matters, and directed the Clerk of Court to enter judgment. The court also denied fee-waiver status for any appeal because it certified that an appeal would not be taken in good faith.
The detailed version
- Boomer v. Ramirez · No. 1:23-cv-01298
- Laura Swain
- Apr. 25, 2023
Background
By an order dated February 24, 2023, the court directed Samantha Boomer to submit a completed amended application to proceed without paying filing fees or pay the $402 filing fee required for a civil action. The court warned that failing to comply within 30 days would result in dismissal of the complaint.
Court’s ruling
Boomer did not submit the amended application and did not pay the filing fee. Chief Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order also terminated all other pending matters and directed the Clerk of Court to enter judgment.
The court 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 purposes of an appeal. The opinion does not address the underlying claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.