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S.D.N.Y.Procedural orderFiled July 20, 2023

Kaid v. Tatum

Judge
Laura Swain
Docket
1:23-cv-04466
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Kaid v. Tatum, Judge Swain dismissed Saeed Kaid’s complaint without prejudice after he did not pay fees or submit required forms.

Who this affects

Saeed Kaid’s complaint was dismissed without prejudice because he did not submit the required filing-fee waiver and prisoner authorization forms or pay the $402 filing fee. The court also denied permission to appeal without paying fees.

What happened

In Kaid v. Tatum, the court required Saeed Kaid to either pay the fees for filing a civil case or submit forms asking to proceed without paying them. The court also required a prisoner authorization form.

The court had given Kaid thirty days to comply with those requirements. He did not submit the forms or pay the required $402 in fees.

Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied Kaid permission to appeal without paying fees and directed the Clerk of Court to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Kaid v. Tatum · No. 1:23-cv-04466
Judge
Laura Swain
Date
July 20, 2023

Background

By an order dated May 31, 2023, the court directed Saeed Kaid to submit a completed application to proceed without paying filing fees, along with a prisoner authorization form, or to pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.

Ruling

Kaid did not submit the required application and authorization or pay the filing fees. Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to enter judgment.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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