Coward v. Jackson
- Laura Swain
- 1:23-cv-07261
- U.S. District Court · Southern District of New York
- 2
In Coward v. Jackson, Judge Swain dismissed Anthony Coward’s complaint without prejudice because he failed to pay fees, complete forms, and resubmit his signature.
Anthony Coward, whose complaint was dismissed without prejudice; the opinion does not identify any separate effect on the defendants.
What happened
In Coward v. Jackson, Anthony Coward was ordered to either pay the required filing fees or submit completed forms to proceed without paying them. He was also ordered to resubmit his complaint’s signature page with an original signature.
Coward did not complete the required forms, pay the filing fees, or resubmit the signature page. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Coward v. Jackson · No. 1:23-cv-07261
- Laura Swain
- Oct. 5, 2023
Background
By an order dated August 23, 2023, the court directed Anthony Coward to do one of two things within 30 days: submit a completed application to proceed without paying filing fees and a prisoner authorization, or pay the $402 required to file a civil action. The court also directed him to resubmit his complaint’s signature page with an original signature. The order warned that failure to comply would result in dismissal.
Court’s Ruling
Coward did not submit the completed application and prisoner authorization, pay the filing fees, or resubmit the signature page. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. 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 appeal without paying fees. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.