Wall v. Greene
- Laura Swain
- 1:24-cv-00350
- U.S. District Court · Southern District of New York
- 1
In Wall v. Greene, Judge Swain dismissed the complaint without prejudice because Wall neither requested fee relief nor paid the filing fee.
Eric D. Wall’s complaint was dismissed without prejudice because he neither submitted the required application to proceed without paying the filing fee nor paid the $405.00 filing fee. Permission to proceed without paying fees on appeal was also denied.
What happened
Wall v. Greene concerned a filing-fee requirement in a civil case. The court had ordered Eric D. Wall to submit a completed request to proceed without paying the filing fee or pay the required $405.00 fee.
The order gave Wall thirty days to comply and warned that failing to do so would result in dismissal. Wall did not submit the request or pay the fee.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied Wall permission to proceed without paying fees on appeal, finding that any appeal would not be taken in good faith.
The detailed version
- Wall v. Greene · No. 1:24-cv-00350
- Laura Swain
- Mar. 22, 2024
Background
The court had previously ordered Plaintiff Eric D. Wall, within thirty days, either to submit a completed application to proceed without paying the filing fee or to pay the $405.00 filing fee required for a civil action. The court warned that failure to comply would result in dismissal of the complaint.
Court’s ruling
Wall did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for a future filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The court directed the clerk 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.