Kelde v. Jakobs
- Laura Swain
- 1:23-cv-05946
- U.S. District Court · Southern District of New York
- 1
In Kelde v. Jakobs, Chief Judge Swain dismissed the action without prejudice because Kelde neither paid the filing fee nor filed the required amended fee-waiver application.
Linda Kelde’s civil action against Lukas Jakobs and the other named defendants was dismissed without prejudice because she did not pay the filing fee or submit the required amended fee-waiver application. Fee-waiver status was also denied for an appeal.
What happened
In Kelde v. Jakobs, the court had ordered Linda Kelde to file an amended application to waive the filing fee or pay the $402 required to start a civil case. The order warned that failing to do so would lead to dismissal.
Kelde did not file the amended application or pay the fee. The opinion does not describe the underlying claims.
Chief Judge Laura Taylor Swain dismissed the action without prejudice. She also denied fee-waiver status for any appeal, certifying that an appeal would not be taken in good faith, and directed that judgment be entered.
The detailed version
- Kelde v. Jakobs · No. 1:23-cv-05946
- Laura Swain
- Aug. 16, 2023
Background
Linda Kelde brought this civil action against Lukas Jakobs and other defendants. On July 13, 2023, the court directed Kelde either to submit an amended application to proceed without paying the filing fee or to pay the $402 filing fee required for a civil action. The court warned that failure to comply would result in dismissal.
Court’s Action
Kelde did not submit an amended fee-waiver application and did not pay the filing fee. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not address any requirements for doing so.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The court directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.