Hussey v. SHTA Staff Lora
- Laura Swain
- 1:23-cv-03565
- U.S. District Court · Southern District of New York
- 1
In Hussey v. SHTA Staff Lora, Judge Swain dismissed the complaint without prejudice because Hussey neither filed the required authorization nor paid the filing fees.
Yessuh Suhyes Hussey's complaint was dismissed without prejudice because Hussey did not submit the required prisoner authorization or pay the filing fees. Any appeal would not receive permission to proceed without payment of the required fees.
What happened
In Hussey v. SHTA Staff Lora, Yessuh Suhyes Hussey sued SHTA Staff Lora and SHTA Staff Kizer in federal court. The opinion does not describe the claims.
The court had ordered Hussey to file a completed prisoner authorization or pay the required $402 filing fee within 30 days. The order warned that failing to do so would lead to dismissal. Hussey did neither.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied permission to appeal without paying filing fees, certified that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Hussey v. SHTA Staff Lora · No. 1:23-cv-03565
- Laura Swain
- July 14, 2023
Background
Yessuh Suhyes Hussey brought this civil action against SHTA Staff Lora and SHTA Staff Kizer. The opinion does not state what claims the complaint asserted.
Failure to Pay the Filing Fee or Submit Authorization
In an order dated May 18, 2023, the court directed Hussey, within 30 days, either to submit a completed prisoner authorization or to pay the $402 in fees required to file a civil action. The court expressly warned that failing to comply would result in dismissal. Hussey did not submit the authorization or pay the fees.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. In practical terms, the court denied permission to pursue an appeal without paying the required fees. The court also directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.