Matthew v. Egopija
- Laura Swain
- 1:23-cv-03221
- U.S. District Court · Southern District of New York
- 1
In Matthew v. Egopija, Judge Swain dismissed Matthew’s complaint without prejudice because he neither paid the filing fee nor submitted a fee-waiver application.
The plaintiff’s complaint was dismissed without prejudice for failure to pay the filing fee or submit the required fee-waiver application. Permission to proceed without paying fees on appeal was also denied.
What happened
In Matthew v. Egopija, the court had ordered the plaintiff to submit an application to proceed without paying filing fees or to pay the required $402 in fees.
The plaintiff did neither within the required thirty days. The court therefore dismissed the complaint without prejudice.
Judge Laura Taylor Swain also denied the plaintiff permission to proceed without paying fees on appeal, certified that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Matthew v. Egopija · No. 1:23-cv-03221
- Laura Swain
- June 7, 2023
Background
The plaintiff, Dr. (Engr) Izeh Mattew, also known as Matthew Izeh, sued Lot Egopija. The opinion does not describe the underlying claims.
Filing-fee requirement
In an April 20, 2023 order, the court directed the plaintiff, within thirty days, either to submit a completed application to proceed without paying filing fees or to pay the $402 required to file a civil action. The court warned that failing to comply would result in dismissal of the complaint.
The plaintiff did not submit the application or pay the fees.
Ruling
The court 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 permission to proceed without paying fees for an appeal. The court directed the clerk to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.