Falls v. County of Orange
- Laura Swain
- 1:23-cv-04528
- U.S. District Court · Southern District of New York
- 1
In Falls v. County of Orange, Judge Swain dismissed the amended complaint without prejudice because Falls neither submitted required forms nor paid filing fees.
Raiquan K. Falls’s amended complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization forms or pay the filing fees. The court did not decide the merits of his claims against the County of Orange.
What happened
In Falls v. County of Orange, the court had directed Raiquan K. Falls to submit an application to waive the filing fee and a prisoner authorization, or pay the required $402 in fees.
Falls filed an amended complaint but did not submit the required forms or pay the fees. The court had warned that failing to comply would result in dismissal.
Chief Judge Laura Taylor Swain dismissed the amended complaint without prejudice. She also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Falls v. County of Orange · No. 1:23-cv-04528
- Laura Swain
- July 17, 2023
Background
The court had previously ordered Raiquan K. Falls to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $402 in fees required to file a civil action. The court’s earlier order stated that failure to comply would result in dismissal of the complaint.
Falls filed an amended complaint but did not submit the fee-waiver application and prisoner authorization or pay the filing fees.
Ruling
Chief Judge Laura Taylor Swain dismissed the amended complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of the claims against the County of Orange.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judgment was ordered to be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.