Mendoza v. FDIC
- Laura Swain
- 1:23-cv-11285
- U.S. District Court · Southern District of New York
- 1
In Mendoza v. FDIC, Judge Swain dismissed the action without prejudice after Mendoza failed to submit a signed fee-waiver application.
Karen G. Mendoza’s action was dismissed without prejudice because she did not submit the required signed application to proceed without paying the filing fee. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Mendoza v. FDIC, the court had ordered Karen G. Mendoza to resubmit her application to proceed without paying the filing fee, with an original signature, within 30 days. The order warned that failing to do so would result in dismissal.
Mendoza did not submit a signed application. The court therefore dismissed the action without prejudice.
The court also denied Mendoza permission to proceed without paying fees on an appeal, finding that an appeal would not be taken in good faith. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.
The detailed version
- Mendoza v. FDIC · No. 1:23-cv-11285
- Laura Swain
- Mar. 5, 2024
Background
The court previously directed Karen G. Mendoza to resubmit her application to proceed without paying the filing fee, commonly called an application to proceed in forma pauperis, with an original signature within 30 days. The court warned that failure to comply would result in dismissal.
Ruling
Because Mendoza did not submit a signed application, the court dismissed the action without prejudice. The opinion does not address the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.