Paulino v. Bronx County Supreme Court
- Laura Swain
- 1:23-cv-03861
- U.S. District Court · Southern District of New York
- 1
In Paulino v. Bronx County Supreme Court, Chief Judge Swain dismissed the complaint without prejudice after Paulino failed to pay fees or file authorization.
Luis Paulino’s complaint was dismissed without prejudice, and he was denied permission to appeal without paying appellate filing fees.
What happened
In Paulino v. Bronx County Supreme Court, the court had ordered Luis Paulino to submit an updated prisoner authorization or pay the $402 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Paulino did not submit the updated authorization or pay the required fee. The opinion does not address the underlying claims against Bronx County Supreme Court or the other defendants.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar a new filing. She also denied Paulino permission to appeal without paying fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Paulino v. Bronx County Supreme Court · No. 1:23-cv-03861
- Laura Swain
- June 29, 2023
Background
The court had previously ordered Plaintiff Luis Paulino, within 30 days, either to submit an updated prisoner authorization or to pay the $402.00 filing fees required for a civil action. The prior order stated that failure to comply would result in dismissal of the complaint.
Court’s Ruling
The court found that Paulino had done neither: he had not filed an updated prisoner authorization and had not paid the required fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the merits of Paulino’s claims against Bronx County Supreme Court or the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. As a result, it denied permission to appeal without paying the appellate filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.