Evans v. Superintendent
- Cathy Seibel
- 7:24-cv-00927
- U.S. District Court · Southern District of New York
- 1
In Evans v. Superintendent, Judge Swain dismissed Clarence Evans’s complaint without prejudice because he neither submitted required forms nor paid filing fees.
Clarence Evans, whose complaint was dismissed without prejudice for failing to submit the required fee-waiver and prisoner-authorization documents or pay the filing fees.
What happened
In Evans v. Superintendent, the court had ordered Clarence Evans to submit an application to proceed without paying filing fees, along with a required prisoner authorization, or to pay the filing fees within 30 days. The order warned that failing to do so would lead to dismissal.
Evans did not submit the required documents or pay the fees. The opinion does not address the underlying claims in his complaint.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied Evans permission to appeal without paying fees, stating that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Evans v. Superintendent · No. 7:24-cv-00927
- Cathy Seibel
- Mar. 20, 2024
Background
The court previously ordered Clarence Evans, within 30 days, either to submit an application to proceed without prepaying filing fees, commonly called an in forma pauperis application, and a prisoner authorization, or to pay the $405 filing fees required for a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
The court found that Evans had not submitted the application and prisoner authorization and had not paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was based on failure to comply with the filing requirements, the opinion did not decide the underlying claims.
Chief Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The court 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.