Jacobs v. United States
- Laura Swain
- 1:23-cv-02975
- U.S. District Court · Southern District of New York
- 1
Jacobs v. United States: Judge Swain dismissed the complaint without prejudice after Jacobs neither paid the filing fee nor submitted a fee-waiver application.
Brandon Michael Jacobs's complaint was dismissed without prejudice; the United States was the named defendant.
What happened
In Jacobs v. United States, the court had ordered Brandon Michael Jacobs to submit an application to proceed without paying filing fees or to pay the required $402 filing fee within 30 days.
Jacobs did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. The clerk was directed to enter judgment.
The detailed version
- Jacobs v. United States · No. 1:23-cv-02975
- Laura Swain
- May 26, 2023
Background
By an order dated April 18, 2023, the court directed Plaintiff Brandon Michael Jacobs to either submit a completed application to proceed without paying filing fees or pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Jacobs did not submit the fee-waiver application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.