Lombard v. WinWest Shelters
- Laura Swain
- 1:24-cv-00853
- U.S. District Court · Southern District of New York
- 1
In Lombard v. WinWest Shelters, Judge Swain dismissed the complaint without prejudice because Lombard neither paid filing fees nor submitted a fee-waiver request.
Jennifer Lombard’s complaint was dismissed without prejudice because she did not pay the filing fee or submit the required fee-waiver application. The court also denied fee-waiver status for an appeal. The defendants were not required to litigate the merits in this order.
What happened
Jennifer Lombard sued WinWest Shelters and the other listed defendants. The court had ordered Lombard to submit a completed request to waive the filing fee or pay the required $402 fee within thirty days.\n\nLombard did neither. The court therefore dismissed the complaint without prejudice, meaning this order did not permanently bar the complaint from being filed again.\n\nJudge Laura Taylor Swain also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Lombard v. WinWest Shelters · No. 1:24-cv-00853
- Laura Swain
- Mar. 14, 2024
Background
On February 7, 2024, the court ordered Plaintiff Jennifer Lombard to submit a completed application to proceed without paying the filing fee or to pay the $402 required to file a civil action. The order warned that failure to comply would result in dismissal.
Court’s action
Lombard did not submit the application and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of Lombard’s claims against WinWest Shelters, the City of New York Department of Homeless Services, NYCHA, or the Department of Housing and Urban Development.
The court also certified that any appeal would not be taken in good faith and denied status allowing Lombard to proceed without paying appeal-related fees. The court directed the Clerk of Court to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.