Newsom v. American Airlines, Inc.
- Laura Swain
- 1:23-cv-05889
- U.S. District Court · Southern District of New York
- 1
In Newsom v. American Airlines, Judge Swain dismissed the complaint without prejudice because Newsom neither paid filing fees nor submitted an IFP application.
Deirdre Newsom and her complaint against American Airlines, Inc.
What happened
In Newsom v. American Airlines, Inc., the court ordered Deirdre Newsom to either 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 within 30 days would result in dismissal. Newsom did not submit the application or pay the fees.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the Clerk of Court to enter judgment, and denied fee-waiver status for an appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Newsom v. American Airlines, Inc. · No. 1:23-cv-05889
- Laura Swain
- Sept. 6, 2023
Background
The court had previously directed Deirdre Newsom to submit a completed application to proceed without paying filing fees or to pay the $402 filing fee required for a civil action. The court gave Newsom 30 days and stated that failure to comply would result in dismissal.
Court’s Action
Newsom did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any additional requirements for a future filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying appellate fees. The court directed the Clerk of Court to enter judgment in the action. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.