Alexander v. New York City
- Laura Swain
- 1:23-cv-07027
- U.S. District Court · Southern District of New York
- 1
In Alexander v. New York City, Judge Swain dismissed the action without prejudice because Alexander neither paid filing fees nor submitted required forms.
Anton Alexander's action against New York City, the Department of Correction and related defendants was dismissed without prejudice. The court also denied permission to appeal without paying fees.
What happened
In Alexander v. New York City, the court had ordered Anton Alexander to submit forms requesting permission to proceed without paying the filing fee, provide prisoner authorization, or pay the required $402 in fees.
Alexander did none of those things within the required 30-day period. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling.
Judge Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the clerk to enter judgment dismissing the action.
The detailed version
- Alexander v. New York City · No. 1:23-cv-07027
- Laura Swain
- Oct. 13, 2023
Background
By an order dated August 10, 2023, the court directed Anton Alexander to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and a required prisoner authorization, or pay the $402 in fees required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
The court stated that Alexander had not submitted the application and prisoner authorization or paid the required fees. It therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion did not address the merits of Alexander's claims.
Additional Order
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. It directed the clerk to enter a judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.