Quaglia v. Eliakostas
- Laura Swain
- 1:23-cv-01361
- U.S. District Court · Southern District of New York
- 1
In Quaglia v. Eliakostas, Chief Judge Swain dismissed the action without prejudice because Quaglia neither paid filing fees nor submitted an IFP application.
The plaintiff’s action was dismissed without prejudice because the plaintiff did not submit the required fee-waiver application or pay the filing fee. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Quaglia v. Eliakostas, the court required the plaintiff to either submit an application to proceed without paying court fees or pay the $402 filing fee.
The plaintiff did neither within the required 30 days. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling, and directed the clerk to enter judgment.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied the plaintiff permission to proceed without paying appeal fees.
The detailed version
- Quaglia v. Eliakostas · No. 1:23-cv-01361
- Laura Swain
- Apr. 25, 2023
Background
The plaintiff, Francis M. Quaglia, doing business as Full Circle Glass Studio, Inc., brought an action against John Eliakostas and others. In an order dated February 21, 2023, the court directed the plaintiff 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.
Ruling
The plaintiff did not submit the application or pay the filing fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the clerk to enter judgment.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.