Elnenaey v. Fidelity Brokerage Services, LLC
- Edgardo Ramos
- 1:23-cv-06970
- U.S. District Court · Southern District of New York
- 1
In Elnenaey v. Fidelity Brokerage, Judge Swain dismissed the complaint without prejudice after Elnenaey neither renewed his fee request nor paid filing fees.
Plaintiff Elsayad A. Elnenaey's complaint was dismissed without prejudice because he did not submit the required amended fee-waiver request or pay the filing fees. Permission to appeal without paying fees was also denied.
What happened
In Elnenaey v. Fidelity Brokerage Services, LLC, the court gave Elsayad A. Elnenaey thirty days to submit an amended request to proceed without paying filing fees or to pay the required filing fees.
Elnenaey did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling based on this order.
Chief United States District Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying fees. Judgment was ordered to enter.
The detailed version
- Elnenaey v. Fidelity Brokerage Services, LLC · No. 1:23-cv-06970
- Edgardo Ramos
- Sept. 26, 2023
Background
By an order dated August 23, 2023, the court directed Plaintiff Elsayad A. Elnenaey to submit an amended request to proceed without paying filing fees or to pay the $402 required to file a civil action. The court warned that failing to comply would result in dismissal.
Compliance and dismissal
Elnenaey did not file an amended request and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
Appeal and disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal. The court ordered that judgment enter.
Judge
The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.