Pagan v. Klein
- Laura Swain
- 1:24-cv-01000
- U.S. District Court · Southern District of New York
- 1
In Pagan v. Klein, Judge Swain dismissed the complaint without prejudice because Pagan neither paid the filing fee nor submitted required forms.
Pagan's complaint was dismissed without prejudice because he did not complete the required filing-fee steps. The court also denied permission to appeal without paying fees.
What happened
In Pagan v. Klein, the court had ordered Pagan to submit a completed request to proceed without paying the filing fee and a prisoner authorization, or to pay the required $405 filing fee.
Pagan did not submit the required documents or pay the fee within the time allowed. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Pagan v. Klein · No. 1:24-cv-01000
- Laura Swain
- Apr. 12, 2024
Background
On February 14, 2024, the court ordered Pagan to do one of two things within 30 days: submit a completed request to proceed without paying the filing fee and a prisoner authorization, or pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Pagan did not submit the request and authorization or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.