Porter v. Chase Bank
- Laura Swain
- 1:23-cv-02436
- U.S. District Court · Southern District of New York
- 2
In Porter v. Chase Bank, Judge Swain dismissed the complaint without prejudice after Porter neither paid filing fees nor submitted the required fee-waiver application.
Marcell Dominique Porter’s complaint against Chase Bank and the other defendants was dismissed without prejudice. All other pending matters were terminated, and fee-waiver status was denied for any appeal.
What happened
In Porter v. Chase Bank, the court had ordered Marcell Dominique Porter to submit a completed application to waive the filing fee or pay the $402 required to file a civil case. The order warned that failing to do so would result in dismissal.
Porter did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and terminated all other pending matters.
Judge Laura Taylor Swain also directed the Clerk to enter judgment and denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Porter v. Chase Bank · No. 1:23-cv-02436
- Laura Swain
- July 17, 2023
Background
The court had previously directed Plaintiff Marcell Dominique Porter, within 30 days, to either submit a completed amended application to proceed without paying the filing fee or pay the $402 filing fees required for a civil action. The court had warned that failure to comply would result in dismissal. The earlier order was returned as undeliverable on May 10, 2023, and was re-mailed to the address on file on May 23, 2023.
Court’s Ruling
Porter did not submit an amended application or pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also terminated all other pending matters and directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The opinion does not address the underlying claims against Chase Bank or the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.