Jackson v. Greenberg
- Laura Swain
- 1:23-cv-05823
- U.S. District Court · Southern District of New York
- 1
In Jackson v. Greenberg, Judge Swain dismissed Andrew Lee Jackson’s complaint without prejudice because he neither paid the filing fee nor submitted a request to proceed without paying it.
Andrew Lee Jackson’s complaint was dismissed without prejudice because he did not pay the filing fee or submit an application to proceed without paying it; the defendants were not required to litigate the complaint at this stage.
What happened
In Jackson v. Greenberg, Andrew Lee Jackson was ordered to pay the $402 filing fee or submit a completed request to proceed without paying it. The order warned that failing to do so would result in dismissal.
Jackson did neither within the required thirty-day period. The court noted that a $350 check he had submitted was returned because it did not cover the full filing fee.
The court dismissed the complaint without prejudice and entered judgment. Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Jackson permission to proceed without paying appeal fees.
The detailed version
- Jackson v. Greenberg · No. 1:23-cv-05823
- Laura Swain
- Aug. 31, 2023
Background
The court had previously ordered Andrew Lee Jackson, within thirty days, either to pay the $402 fee required to file a civil action or submit a completed application to proceed without paying the fee. The earlier order stated that failing to comply would lead to dismissal of the complaint.
Jackson did not pay the required fee and did not submit the application. The court’s footnote states that Jackson had submitted a $350 check, but the check was returned because it was less than the required $402.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not describe any future filing requirements. 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 paying fees for an appeal. Judgment was entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.