DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark v. Haaland
DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark, Dejon Lamar Christopher v. Haaland
- Laura Swain
- 1:22-cv-09785
- U.S. District Court · Southern District of New York
- 2
In Dejon Lamar Christopher Bey Trust v. Haaland, Judge Swain dismissed the action without prejudice because Plaintiff neither paid filing fees nor submitted an IFP application.
The plaintiff’s action was dismissed without prejudice for failure to submit an IFP application or pay the filing fee. The court also denied IFP status for any appeal.
What happened
In Dejon Lamar Christopher Bey Trust v. Haaland, the court ordered the plaintiff to submit an application to proceed without paying filing fees or pay the $402 filing fee within 30 days. The plaintiff filed other submissions, including a notice of appeal, but did not submit the application or pay the fee.
The Second Circuit dismissed the plaintiff’s appeal, effective February 22, 2023. The district court’s opinion did not address the underlying claims.
Judge Swain dismissed the action without prejudice and directed the Clerk of Court to enter judgment. The court also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark v. Haaland · No. 1:22-cv-09785
- Laura Swain
- May 24, 2023
Background
By an order dated November 18, 2022, the court directed the plaintiff, within 30 days, either to submit a completed application to proceed without paying filing fees—called an in forma pauperis or IFP application—or to pay the $402 required filing fee. The order warned that failure to comply would result in dismissal. The plaintiff later filed several submissions, including a notice of interlocutory appeal. The United States Court of Appeals for the Second Circuit dismissed that appeal effective February 22, 2023.
Ruling
The plaintiff had not submitted an IFP application or paid the filing fee. Accordingly, Judge Swain dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The court directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.