Murray v. City of New York
- Laura Swain
- 1:24-cv-00926
- U.S. District Court · Southern District of New York
- 1
In Murray v. City of New York, Chief Judge Swain dismissed the complaint without prejudice because Murray neither paid the filing fees nor submitted required forms.
Robert Lee Murray's complaint was dismissed without prejudice because he did not submit the required fee-waiver materials or pay the filing fees. Any appeal would not receive permission to proceed without paying fees under this order.
What happened
In Murray v. City of New York, the court had ordered Robert Lee Murray to submit a completed request to proceed without paying filing fees and a prisoner authorization, or to pay the required $405 in fees. The order warned that failing to do so would lead to dismissal.
Murray did not submit the required forms or pay the fees. The court therefore dismissed his complaint without prejudice, meaning the order did not bar him from filing again. The court also denied permission to proceed without paying fees for any appeal and directed the clerk to enter judgment.
Chief Judge Laura Taylor Swain issued the order on March 14, 2024. The opinion does not address the underlying claims against the City of New York.
The detailed version
- Murray v. City of New York · No. 1:24-cv-00926
- Laura Swain
- Mar. 14, 2024
Background
The court had previously ordered Robert Lee Murray, within 30 days, to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 filing fees required for a civil action. The order stated that failure to comply would result in dismissal. A footnote explained that if Murray was not a prisoner, he needed to submit only the application to proceed without paying fees and did not need to submit prisoner authorization.
Ruling
The court found that Murray had neither submitted the required application and authorization nor paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order does not decide the merits of Murray's claims against the City of New York.
The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. 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.