DeVore v. Mayorkas
- Laura Swain
- 1:23-cv-03821
- U.S. District Court · Southern District of New York
- 1
In DeVore v. Mayorkas, Judge Swain dismissed the complaint without prejudice after DeVore failed to pay the required filing fees.
Arthur G.H. DeVore III’s complaint was dismissed without prejudice because he did not pay the required $402 filing fee after the court denied his request to proceed without prepaying fees. His ability to appeal without prepaying fees was also denied.
What happened
In DeVore v. Mayorkas, the court had denied Arthur G.H. DeVore III’s request to proceed without paying filing fees and ordered him to pay $402 within 30 days. The order warned that failure to pay would lead to dismissal.
DeVore did not pay the fees, so the court dismissed his complaint without prejudice. This means the dismissal did not bar him from filing again, although the opinion does not discuss any future filing.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied DeVore permission to appeal without paying fees. The clerk was directed to terminate pending motions and enter judgment.
The detailed version
- DeVore v. Mayorkas · No. 1:23-cv-03821
- Laura Swain
- June 20, 2023
Background
Arthur G.H. DeVore III filed a civil complaint against Alejandro N. Mayorkas, identified in the caption as Secretary, DHS, Federal Emergency Management Agency. DeVore asked to proceed without prepaying the filing fee.
Court’s action
On May 9, 2023, the court denied DeVore’s application to proceed without prepaying fees. The court ordered him to pay the $402 filing fee within 30 days and stated that failure to comply would result in dismissal.
DeVore did not pay the required fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court did not address the underlying claims.
Appeal and case status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the dismissal would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal. The clerk was directed to terminate all pending motions and enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.