Grajales v. Lilly
- Laura Swain
- 1:23-cv-02493
- U.S. District Court · Southern District of New York
- 2
Grajales v. Lilly: Judge Swain dismissed the complaint without prejudice because Grajales did not pay the required filing fee.
Jose Grajales’s complaint was dismissed without prejudice because he did not pay the required filing fee. The court also terminated all other pending matters and denied fee-free status for an appeal.
What happened
In Grajales v. Lilly, Jose Grajales filed a complaint but paid only $350 and three cents toward the required $402 filing fee.
The court ordered Grajales to pay the full fee using an acceptable payment method and warned that failure to do so would lead to dismissal. He did not pay the remaining amount.
Judge Laura Taylor Swain dismissed the complaint without prejudice, terminated all other pending matters, and denied fee-free status for any appeal because the court certified that an appeal would not be taken in good faith.
The detailed version
- Grajales v. Lilly · No. 1:23-cv-02493
- Laura Swain
- June 7, 2023
Background
Jose Grajales filed a complaint on March 24, 2023. The required filing fee was $402. He submitted a $350 money order and coins totaling three cents, so he did not pay the full fee.
Court’s Order
In an April 6, 2023 order, the court directed Grajales to pay the full $402 using an acceptable payment method. It also directed the Clerk of Court to return the money order and issue Grajales a check for the three cents. The order warned that failure to comply would result in dismissal.
Grajales did not pay the required fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also terminated all other pending matters and directed the Clerk of Court to enter judgment.
Appeal Provision
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 fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.