Alldredge v. Trump
- Laura Swain
- 1:23-cv-04308
- U.S. District Court · Southern District of New York
- 1
In Alldredge v. Trump, Chief Judge Swain dismissed Alldredge’s mandamus petition without prejudice after he failed to pay fees or submit required forms.
Joseph Alldredge’s petition was dismissed without prejudice because he did not pay the filing fee or submit the required application and prisoner authorization.
What happened
Alldredge v. Trump concerned Joseph Alldredge’s petition seeking a court order directing action. The court ordered him to pay the $402 filing fee or submit an application to proceed without paying it, along with a required prisoner authorization, within 30 days.
Alldredge did neither. The court therefore dismissed the petition without prejudice, meaning the dismissal did not bar refiling. The court did not decide the underlying request for a court order.
Chief Judge Laura Taylor Swain also found that an appeal would not be taken in good faith and denied permission to appeal without paying the fees. The Clerk of Court was directed to enter judgment.
The detailed version
- Alldredge v. Trump · No. 1:23-cv-04308
- Laura Swain
- Aug. 3, 2023
Background
Joseph Alldredge filed a petition for a writ of mandamus, a request for a court order directing a person or official to take a required action. In an order dated May 26, 2023, the Court directed Alldredge either to pay the $402 filing fee required for a civil action or to submit a completed application to proceed without paying the fee and a prisoner authorization. The Court warned that failing to comply within 30 days would result in dismissal.
Ruling
Alldredge did not pay the filing fee and did not submit the required application and authorization. The Court dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion therefore did not reach the merits of the mandamus request.
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 appeal without paying the filing fees. 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.