Powell v. Fishkill Correctional Facility
- Laura Swain
- 1:23-cv-09804
- U.S. District Court · Southern District of New York
- 2
In Powell v. Fishkill Correctional Facility, Chief Judge Swain dismissed the complaint without prejudice after Powell neither paid the filing fee nor submitted the required fee-waiver application.
Jamar Powell's complaint was dismissed without prejudice because he did not comply with the court's order to submit an amended fee-waiver application or pay the filing fee. The order also denied fee-waiver status for any appeal.
What happened
In Powell v. Fishkill Correctional Facility, the court had ordered Powell to submit an amended application to proceed without paying filing fees or pay the required filing fees within 30 days. The order warned that failing to do so would result in dismissal.
Powell did not submit the amended application or pay the fees. The opinion states that the applicable filing fee was $402 because the action was filed before the fee increased to $405.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Powell v. Fishkill Correctional Facility · No. 1:23-cv-09804
- Laura Swain
- Feb. 7, 2024
Background
On December 1, 2023, the court ordered Powell to submit an amended application to proceed without paying filing fees or to pay the $402 filing fee required for a civil action. The order gave Powell 30 days to comply and stated that the complaint would be dismissed if he did not.
The footnote explains that the filing fee increased to $405 on December 1, 2023, but that the $402 fee applied because Powell filed this action on November 3, 2023.
Ruling
Powell did not submit an amended fee-waiver application or pay the filing fee. Chief Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment.
The court also 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 fee-waiver status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.