Foreman v. Experian
- Laura Swain
- 1:24-cv-00767
- U.S. District Court · Southern District of New York
- 1
In Foreman v. Experian, Judge Swain dismissed the complaint without prejudice because Foreman neither paid filing fees nor submitted an IFP application.
Gregory Terrell Foreman's complaint was dismissed without prejudice after he did not pay the filing fees or submit the required fee-waiver application. The order did not decide the claims against Experian or Equifax, and it denied permission to appeal without paying appellate fees.
What happened
In Foreman v. Experian, Gregory Terrell Foreman sued Experian and Equifax, but the court required him to either pay the filing fees or submit an application to proceed without paying them.
The court had given Foreman 30 days to comply. He did neither, so the court dismissed the complaint without prejudice. The opinion does not address the substance of his claims.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Foreman v. Experian · No. 1:24-cv-00767
- Laura Swain
- Mar. 20, 2024
Background
The plaintiff, Gregory Terrell Foreman, sued Experian and Equifax. On February 5, 2024, the court ordered Foreman either to submit a completed application to proceed without paying court fees or to pay the $405.00 required to file a civil action. The order gave him 30 days to comply and stated that the complaint would be dismissed if he did not.
Reason for dismissal
Foreman did not submit the fee-waiver application and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the filing-fee requirement; the court did not decide the merits of Foreman's claims.
Other rulings
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the appellate fees. It also directed the Clerk of Court to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.