barclay v. dixon
- Laura Swain
- 1:23-cv-10272
- U.S. District Court · Southern District of New York
- 2
Leshawn Maurice Barclay v. Webb was dismissed without prejudice after he neither paid filing fees nor submitted an application, Judge Swain ruled.
The dismissal affected Plaintiff Leshawn Maurice Barclay’s complaint against Webb, Jeremiah Darnell Estate, et al. The complaint was dismissed without prejudice because Barclay did not pay the filing fees or submit the required fee-waiver application.
What happened
In Leshawn Maurice Barclay v. Webb, the court had ordered Barclay to submit an application to waive the filing fees or pay $405 to start the case. The order gave him 30 days and warned that failing to comply would lead to dismissal.
Barclay did not submit the application or pay the fees. Instead, he filed a notice seeking an immediate appeal of the earlier order. The court said that notice was filed more than 10 days after the earlier order and involved a nonfinal order that had not been certified for immediate appeal.
The complaint was dismissed without prejudice, and the Clerk was directed to enter judgment, Judge Laura Taylor Swain ruled. The court also denied Barclay permission to proceed without paying fees for an appeal, finding that an appeal from this order would not be taken in good faith.
The detailed version
- barclay v. dixon · No. 1:23-cv-10272
- Laura Swain
- Mar. 11, 2024
Background
The court had previously directed Plaintiff Leshawn Maurice Barclay, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The earlier order warned that failure to comply would result in dismissal of the complaint.
Barclay did neither. Instead, he filed a notice of an interlocutory appeal on December 26, 2023. The court noted that the notice was filed more than 10 days after the December 12 order. It also explained that Barclay was attempting to appeal a nonfinal order and that the Court of Appeals had not certified the matter for an interlocutory appeal.
Court’s ruling
The court held that the pending appeal did not prevent it from acting because the appeal was premature and defective. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment dismissing the action.
The court separately certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied Barclay permission to proceed without paying fees for an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.