Urena v. Sing
- Laura Swain
- 1:23-cv-06732
- U.S. District Court · Southern District of New York
- 1
In Urena v. Sing, Judge Swain dismissed the complaint without prejudice because Urena neither paid filing fees nor requested to proceed without paying them.
Amaury Urena's complaint was dismissed without prejudice because he did not pay the filing fee or submit an application to proceed without paying it. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Amaury Urena v. P.O. Sing, et al., the court had ordered Urena to submit a completed request to proceed without paying filing fees or pay the required $402 filing fee within 30 days.
Urena did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court ordered that judgment be entered.
The detailed version
- Urena v. Sing · No. 1:23-cv-06732
- Laura Swain
- Sept. 7, 2023
Background
The court had previously directed Amaury Urena to submit a completed application to proceed without paying filing fees or pay the $402 required to file a civil action. The court warned that failing to comply would result in dismissal.
Court’s Ruling
Urena did not submit the application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal under 28 U.S.C. § 1915(a)(3). Judgment was ordered to be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.