Ahemaiti v. City of New York
- Laura Swain
- 1:24-cv-00102
- U.S. District Court · Southern District of New York
- 1
In Ahemaiti v. City of New York, Judge Swain dismissed the complaint without prejudice after Plaintiff neither updated prisoner authorization nor paid the required fees.
Plaintiff Waersi Ahemaiti's complaint was dismissed without prejudice after Plaintiff did not satisfy the court's filing requirement. The order also denied permission to appeal without paying fees.
What happened
In Ahemaiti v. City of New York, the court had ordered Plaintiff to submit an updated prisoner authorization or pay the $405 filing fees required for a civil case.
The court warned that failing to complete either requirement within 30 days would result in dismissal. Plaintiff did neither.
Judge Swain dismissed the complaint without prejudice, meaning it was not permanently barred by this order. She also denied permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Ahemaiti v. City of New York · No. 1:24-cv-00102
- Laura Swain
- Mar. 28, 2024
Background
Plaintiff Waersi Ahemaiti brought a civil action against New York City and other defendants. The opinion does not describe the underlying claims.
Filing requirements
In an order dated January 12, 2024, the court directed Plaintiff, within 30 days, either to submit an updated prisoner authorization or to pay the $405 filing fee required to file a civil action. The court stated that failure to comply would result in dismissal of the complaint.
Plaintiff did not submit an updated prisoner authorization and did not pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not permanently bar the complaint based on this dismissal.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk of Court was directed 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.