Foreman v. Bragg
- Laura Swain
- 1:23-cv-07066
- U.S. District Court · Southern District of New York
- 1
In Foreman v. Bragg, Judge Swain dismissed the complaint without prejudice after Foreman neither filed the required application nor paid filing fees.
Charles J. Foreman's complaint was dismissed without prejudice after he failed to submit the required second amended application or pay the $402 filing fee. Alvin L. Bragg was the named defendant.
What happened
In Foreman v. Bragg, the court had ordered Charles J. Foreman to submit a second application to proceed without paying filing fees or to pay the required $402 filing fee. The order warned that failing to do so would result in dismissal.
Foreman did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment and certified that any appeal would not be taken in good faith.
The detailed version
- Foreman v. Bragg · No. 1:23-cv-07066
- Laura Swain
- Jan. 2, 2024
Background
By an order dated October 30, 2023, the court directed Charles J. Foreman to either submit a second amended application to proceed without paying filing fees or pay the $402 fee required to file a civil action. The court warned that failure to comply would result in dismissal of the complaint.
Ruling
Foreman did not submit the second amended application and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
Appeal
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 appeal without paying filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.