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S.D.N.Y.Procedural orderFiled Jan. 24, 2024

Momongan v. Copyrights Inc.

Judge
Laura Swain
Docket
1:23-cv-10555
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

Momongan v. Copyrights Inc.: Judge Swain dismissed Devin Momongan’s complaint without prejudice because he did not pay filing fees or submit required forms.

Who this affects

Devin Momongan’s complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. Copyrights Inc. was the named defendant.

What happened

In Momongan v. Copyrights Inc., the court had ordered Devin Momongan to submit forms requesting permission to proceed without paying filing fees and a required prisoner authorization, or to pay the filing fees.

The court’s earlier order gave Momongan thirty days and warned that failing to comply would result in dismissal. Momongan did not submit the forms or pay the fees.

The court dismissed the complaint without prejudice and denied permission to appeal without paying fees. Judge Laura Taylor Swain also directed the Clerk of Court to enter judgment.

The detailed version

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

Case
Momongan v. Copyrights Inc. · No. 1:23-cv-10555
Judge
Laura Swain
Date
Jan. 24, 2024

Background

The court had previously directed Devin Momongan to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $402 in fees required to file a civil action. The court’s December 11, 2023 order gave him thirty days to comply and stated that the complaint would be dismissed if he did not.

Ruling

Momongan did not submit the required application and authorization or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Laura Taylor Swain 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.

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