Horta Suarez v. Wells Fargo Bank, National Association
- Laura Swain
- 1:23-cv-10600
- U.S. District Court · Southern District of New York
- 1
In Horta Suarez v. Wells Fargo, Judge Swain dismissed the complaint without prejudice because Plaintiff neither paid filing fees nor submitted a request to proceed without paying.
Joel A. Horta Suarez's complaint was dismissed without prejudice for failing to submit the required request to proceed without paying filing fees or pay the filing fee. Wells Fargo Bank, National Association was not subject to a merits ruling.
What happened
In Horta Suarez v. Wells Fargo Bank, National Association, Joel A. Horta Suarez did not submit the required request to proceed without paying filing fees or pay the $405 filing fee after the Court ordered him to do so within 30 days.
The Court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The Court did not address the underlying claims.
Judge Laura Taylor Swain also denied Plaintiff permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Horta Suarez v. Wells Fargo Bank, National Association · No. 1:23-cv-10600
- Laura Swain
- Feb. 29, 2024
Background
On January 10, 2024, the Court ordered Joel A. Horta Suarez to submit a completed request to proceed without paying filing fees or to pay the $405 required to file a civil action. The order gave him 30 days and stated that failure to comply would result in dismissal.
Ruling
The Court found that Plaintiff had not submitted the required application or paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of Plaintiff’s claims.
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees. It also directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.