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S.D.N.Y.Procedural orderFiled Jan. 11, 2024

Williams v. Muran

Judge
Laura Swain
Docket
1:23-cv-10042
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Williams v. Muran, Judge Swain dismissed the complaint without prejudice because Williams neither submitted authorization nor paid the filing fees.

Who this affects

Tearre M. Williams’s complaint was dismissed without prejudice, and fee-waiver status for an appeal was denied.

What happened

In Williams v. Muran, the court had ordered Tearre M. Williams to submit an updated prisoner authorization or pay the required filing fees within 30 days.

Williams did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.

Judge Laura Taylor Swain also denied fee-waiver status for any appeal and directed the Clerk of Court to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Williams v. Muran · No. 1:23-cv-10042
Judge
Laura Swain
Date
Jan. 11, 2024

Background

The court had previously ordered Tearre M. Williams to submit an updated prisoner authorization or pay the $402.00 filing fee required at that time. The order gave Williams 30 days to comply and stated that failing to do so would result in dismissal of the complaint.

Court’s ruling

The court found that Williams had not submitted the updated authorization or paid the required fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.

The court certified that an appeal would not be taken in good faith and denied Williams fee-waiver status for purposes of an appeal. It also directed the Clerk of Court to enter judgment.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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