Bowleg v. United States
- Laura Swain
- 1:24-cv-00412
- U.S. District Court · Southern District of New York
- 1
In Bowleg v. United States, Judge Swain dismissed the complaint without prejudice after Bowleg neither paid filing fees nor submitted an application to proceed without paying them.
Harry Alphonso Bowleg’s complaint was dismissed without prejudice because he did not submit the required application to proceed without paying filing fees or pay the filing fees. The court also denied permission to appeal without paying fees.
What happened
In Bowleg v. United States, the court had ordered Harry Alphonso Bowleg to submit an application to proceed without paying filing fees or pay the $402 required to file a civil case. The deadline was thirty days.
Bowleg 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 and directed the clerk to enter judgment.
Judge Swain issued the dismissal on February 26, 2024, based on Bowleg’s failure to comply with the filing-fee order.
The detailed version
- Bowleg v. United States · No. 1:24-cv-00412
- Laura Swain
- Feb. 26, 2024
Background
On January 23, 2024, the court ordered Harry Alphonso Bowleg to submit a completed application to proceed without paying filing fees or pay the $402 in fees required to file a civil action. The order gave him thirty days and stated that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Bowleg 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 certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.