Matthew v. Carbon
- Laura Swain
- 1:23-cv-03265
- U.S. District Court · Southern District of New York
- 1
In Izeh Matthew v. Judge Anthony Carbon, Judge Swain dismissed the complaint without prejudice after Matthew neither submitted an application to avoid fees nor paid filing fees.
Izeh Matthew’s complaint was dismissed without prejudice. The court also denied permission to appeal without paying filing fees.
What happened
In Izeh Matthew v. Judge Anthony Carbon, the court had ordered Matthew to submit an application to proceed without paying filing fees or pay the $402 filing fee within 30 days.
Matthew did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Matthew v. Carbon · No. 1:23-cv-03265
- Laura Swain
- June 16, 2023
Background
On April 24, 2023, the Court ordered Plaintiff Izeh Matthew to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, or pay the $402 required to file a civil action in the Southern District of New York. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Matthew did not submit the application or pay the filing fee. The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The Clerk of Court was directed to enter judgment.
The Court also 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 permission to appeal without paying filing fees. The opinion cites the Supreme Court’s explanation that good faith requires seeking review of a nonfrivolous issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.