Hussey v. The Owner of/at Duane Reade
- Laura Swain
- 1:23-cv-03561
- U.S. District Court · Southern District of New York
- 1
In Hussey v. The Owner of/at Duane Read, Chief Judge Swain dismissed the complaint without prejudice after Hussey neither paid filing fees nor submitted the required authorization.
The dismissal affected Yessuh Suhyes Hussey’s complaint against the named Duane Read and Walgreens defendants. The complaint was dismissed without prejudice, and judgment was entered.
What happened
In Yessuh Suhyes Hussey v. The Owner of/at Duane Read and another defendant, the court had ordered Hussey to submit a completed prisoner authorization or pay the $402 filing fee within 30 days.
The court’s earlier order warned that failing to meet that requirement would result in dismissal. Hussey did not submit the authorization or pay the filing fee.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. The court also said an appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
The detailed version
- Hussey v. The Owner of/at Duane Reade · No. 1:23-cv-03561
- Laura Swain
- July 6, 2023
Background
By an order dated May 18, 2023, the court directed Yessuh Suhyes Hussey to submit a completed prisoner authorization or pay the $402 required filing fee within 30 days. The order stated that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Hussey did not submit the authorization or pay the filing fee. Chief United States District Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the clerk to enter judgment. It also certified that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.