Song v. Columbia University
- Laura Swain
- 1:23-cv-04532
- U.S. District Court · Southern District of New York
- 1
Song v. Columbia University was dismissed without prejudice after Plaintiff failed to pay filing fees or submit an IFP request, Judge Swain ruled.
Plaintiff’s complaint against Columbia University and Peter Coleman of Teachers College was dismissed without prejudice. Plaintiff was also denied permission to proceed without prepaying fees for an appeal.
What happened
In Song v. Columbia University, the court dismissed Plaintiff’s complaint without prejudice. The defendants were Columbia University and Peter Coleman of Teachers College.
The court had ordered Plaintiff to either pay the $402 filing fee or submit a completed request to proceed without paying the fee. The order was returned as undeliverable because the address was insufficient, and Plaintiff did not respond, provide a new mailing address, or contact the court.
Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Song v. Columbia University · No. 1:23-cv-04532
- Laura Swain
- July 27, 2023
Background
Plaintiff filed the complaint without paying the filing fee and sought permission to proceed without prepaying that fee under 28 U.S.C. § 1915(a)(1). The court had ordered Plaintiff either to pay the required $402 fee or to submit a completed request for that permission within 30 days.
The court’s June 1, 2023 order was returned on July 6, 2023, marked undeliverable because the address was insufficient. Plaintiff did not comply with the order, notify the court of a new mailing address, or make further contact with the court.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar a later filing. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.