TOUSSAINT v. CLERK OF THE CITY OF NEW YORK
- Laura Swain
- 1:23-cv-10691
- U.S. District Court · Southern District of New York
- 1
Toussaint v. Clerk of the City of New York: Judge Swain dismissed the complaint without prejudice because Toussaint neither paid filing fees nor submitted a fee-waiver request.
Fritz Gerald Toussaint's complaint was dismissed without prejudice because he did not pay the required filing fees or submit the required application to proceed without paying them. His request to appeal without paying fees was also denied.
What happened
In Fritz Gerald Toussaint v. Clerk of the City of New York, the court ordered Toussaint to submit a completed request to proceed without paying filing fees or to pay the $405 required filing fees within 30 days.
Toussaint did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling, and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Toussaint permission to appeal without paying fees.
The detailed version
- TOUSSAINT v. CLERK OF THE CITY OF NEW YORK · No. 1:23-cv-10691
- Laura Swain
- Jan. 19, 2024
Background
In an order dated December 14, 2023, the court directed Fritz Gerald Toussaint, within 30 days, either to submit a completed application to proceed without paying the filing fees or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
Toussaint did not submit the application or pay the fees. 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.
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. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.