Thompson v. Quilty
- Laura Swain
- 1:23-cv-03170
- U.S. District Court · Southern District of New York
- 2
In Thompson v. Quilty, Chief Judge Swain dismissed the complaint without prejudice after Thompson neither paid filing fees nor submitted required forms.
KWAINE THOMPSON, whose complaint was dismissed without prejudice because he did not pay the filing fee or submit the required application and prisoner authorization; the defendants were affected by the dismissal of the case.
What happened
In Thompson v. Quilty, the court had ordered KWAINE THOMPSON to either pay the $402 filing fee or submit an application to proceed without paying the fee and a prisoner authorization form. The order gave him 30 days and warned that failing to comply would lead to dismissal.
Thompson did not pay the fee or submit the required documents. The court had first mailed the order to Elmira Correctional Facility, where Thompson had been incarcerated, and later remailed it to Mid-State Correctional Facility after learning that he was no longer at Elmira.
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice. She also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. The Clerk of Court was directed to enter judgment.
The detailed version
- Thompson v. Quilty · No. 1:23-cv-03170
- Laura Swain
- July 17, 2023
Background
KWAINE THOMPSON sued Detective James Quilty and other defendants. The opinion does not describe the claims in the complaint.
Required Filing Documents
On April 18, 2023, the Court ordered Thompson, within 30 days, either to pay the $402 filing fee required to begin a civil action in the court or to submit a completed application to proceed without paying the fee, together with a prisoner authorization. The order warned that failure to comply would result in dismissal.
The order was initially mailed to Thompson at Elmira Correctional Facility, where the opinion says he was incarcerated at the time. It was returned on April 28, 2023, because Thompson was no longer there. After records indicated that he was at Mid-State Correctional Facility, the court remailed the order to him there on May 11, 2023.
Ruling
Thompson did not pay the filing fee and did not submit the application or prisoner authorization. Chief United States District Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the filing fee. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.