Hickman v. Commissioner of Social Security
- Laura Swain
- 1:23-cv-02050
- U.S. District Court · Southern District of New York
- 1
In Hickman v. Commissioner of Social Security, Judge Swain dismissed the complaint without prejudice because Hickman neither paid fees nor filed an IFP application.
Kadajia Hickman’s complaint was dismissed without prejudice, and fee-free status was denied for any appeal.
What happened
In Hickman v. Commissioner of Social Security, the court had ordered Kadajia Hickman to file an application to proceed without paying filing fees or to pay the required $402 filing fee within 30 days.
Hickman did neither. The order therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and directed the clerk to enter judgment.
Judge Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Hickman v. Commissioner of Social Security · No. 1:23-cv-02050
- Laura Swain
- May 9, 2023
Background
On April 3, 2023, the court directed Kadajia Hickman either to submit a completed application to proceed without paying filing fees or to pay the $402 filing fee required to bring a civil action in the court. The order gave Hickman 30 days to comply and warned that failing to do so would result in dismissal.
Court’s Ruling
The court found that Hickman had not filed the fee-waiver application or paid the filing fee. It therefore dismissed the complaint without prejudice. The court also directed the clerk to enter judgment.
The court certified that any appeal from the order would not be taken in good faith and denied Hickman permission to proceed without paying fees for an appeal. The order did not address the merits of Hickman’s claims against the Commissioner of Social Security.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.