Noble v. Rikers Island G.R.V.C.
- Laura Swain
- 1:24-cv-00473
- U.S. District Court · Southern District of New York
- 2
In Noble v. Rikers Island G.R.V.C., Judge Swain dismissed Noble’s complaint without prejudice because he neither paid filing fees nor submitted required forms.
Jerome Noble, whose complaint was dismissed without prejudice; the opinion does not decide the underlying claims against Rikers Island G.R.V.C.
What happened
In Noble v. Rikers Island G.R.V.C., Jerome Noble was ordered to submit forms requesting permission to proceed without paying filing fees and authorizing deductions from a prisoner account, or to pay the required filing fees. The order warned that failing to do so would result in dismissal.
Noble did not submit the forms 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 permission to appeal without paying fees, certified that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Noble v. Rikers Island G.R.V.C. · No. 1:24-cv-00473
- Laura Swain
- Apr. 4, 2024
Background
Jerome Noble sued Rikers Island G.R.V.C. The Court had previously directed Noble, within thirty days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $405.00 filing fees required for a civil action.
The prior order warned that failing to comply would result in dismissal of the complaint. Noble did not submit the application and prisoner authorization and did not pay the fees.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court therefore did not reach the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It also directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.