Frederick v. United States
- Laura Swain
- 1:24-cv-01626
- U.S. District Court · Southern District of New York
- 1
In Frederick v. United States, Judge Swain dismissed the complaint without prejudice after Frederick failed to follow filing requirements.
Robert Michael Frederick’s complaint was dismissed without prejudice, and fee-free status for an appeal was denied.
What happened
In Frederick v. United States, the court ordered Robert Michael Frederick to resubmit his complaint’s signature page with an original signature and either submit a completed, signed request to proceed without paying filing fees or pay the required $405 filing fee.
The court’s March 4, 2024 order warned that failing to comply within thirty days would result in dismissal. Frederick did not comply, so the court dismissed the complaint without prejudice.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal. The clerk was directed to enter judgment.
The detailed version
- Frederick v. United States · No. 1:24-cv-01626
- Laura Swain
- Apr. 18, 2024
Background
On March 4, 2024, the court directed Robert Michael Frederick to do two things within thirty days: resubmit the complaint’s signature page with an original signature, and either submit a completed and signed amended request to proceed without paying filing fees or pay the $405 required fee for filing a civil action.
Ruling
The March 4 order warned that failure to comply would result in dismissal. Because Frederick did not comply, the court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal and directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.