Bey v. John/Jane Doe
- Laura Swain
- 1:23-cv-03222
- U.S. District Court · Southern District of New York
- 2
In Bey v. John/Jane Doe, Judge Swain dismissed Genesis Bey’s complaint without prejudice after he neither sought a fee waiver nor paid the filing fees.
Genesis Bey’s complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee. The court also denied fee-waiver status for an appeal.
What happened
In Bey v. John/Jane Doe, Genesis Bey was ordered to submit an application to waive the filing fee or pay $402 to continue the civil case. The order warned that failing to do so would lead to dismissal.
The court mailed that order, but it was returned as undeliverable. Bey did not submit the application, pay the fee, update his address, or otherwise contact the court.
The complaint was dismissed without prejudice, meaning the dismissal did not bar refiling. Judge Swain also denied fee-waiver status for any appeal because the court found that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Bey v. John/Jane Doe · No. 1:23-cv-03222
- Laura Swain
- June 20, 2023
Background
The court had previously directed Genesis Bey, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $402 required to file a civil action. The court warned that failure to comply would result in dismissal of the complaint.
The Clerk’s Office mailed that order to Bey, but the mail was returned as undeliverable. Bey did not submit the application, pay the filing fee, update his address, or otherwise communicate with the court.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not reach the underlying claims against John/Jane Doe. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.