Mourning v. Wray
- Laura Swain
- 1:23-cv-05109
- U.S. District Court · Southern District of New York
- 2
In Mourning v. Wray, Judge Swain dismissed the complaint without prejudice after Mourning neither paid filing fees nor submitted required authorization.
Jeffrey Lee Mourning's complaint was dismissed without prejudice, and permission to appeal without paying fees was denied.
What happened
In Mourning v. Wray, the court had ordered Jeffrey Lee Mourning to pay the required $402 filing fee or submit a completed prisoner authorization within 30 days. The order warned that failing to do so would lead to dismissal.
Mourning did neither. The court also received a letter in which he said he did not intend to submit the required authorization.
Judge Swain dismissed the complaint without prejudice, meaning the order did not bar refiling. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Mourning v. Wray · No. 1:23-cv-05109
- Laura Swain
- July 24, 2023
Background
The court had previously directed Jeffrey Lee Mourning either to pay the $402 filing fee required to bring a civil action or to submit a completed prisoner authorization within 30 days. The court warned that failing to comply would result in dismissal of the complaint. Mourning did not pay the fee or file the authorization. The court also received a letter from Mourning stating that he did not intend to submit the required authorization.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims against Christopher Wray and the other defendants. Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied Mourning permission to appeal without paying the required fees. 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.