Griffith v. Southeast Grand Street Guild
- Laura Swain
- 1:24-cv-01281
- U.S. District Court · Southern District of New York
- 2
In Griffith v. Southeast Grand Street Guild, Judge Swain dismissed the complaint without prejudice after plaintiffs failed to submit required fee materials or pay filing fees.
Loretta Griffith/Loretta Hudson and Calvin Hudson had their complaint dismissed without prejudice and were denied permission to proceed without paying fees on appeal.
What happened
In Griffith v. Southeast Grand Street Guild, the court had required Loretta Griffith/Loretta Hudson and Calvin Hudson either to submit amended applications to proceed without paying filing fees or to pay the $405 filing fee.
The court’s March 14, 2024 order was returned twice as undeliverable at the address plaintiffs provided. Plaintiffs did not comply, report a new mailing address, or contact the court further.
The court dismissed the complaint without prejudice and denied plaintiffs permission to proceed without paying fees on appeal, finding that any appeal would not be taken in good faith. Judge Laura Taylor Swain also directed the Clerk of Court to enter judgment.
The detailed version
- Griffith v. Southeast Grand Street Guild · No. 1:24-cv-01281
- Laura Swain
- Apr. 18, 2024
Background
On March 14, 2024, the court ordered Plaintiffs to submit amended applications to proceed without paying filing fees, known as applications to proceed in forma pauperis, or to pay the $405 required fee for filing a civil action. The court warned that failure to comply would result in dismissal.
The order was returned on March 20, 2024, because it could not be delivered to or forwarded from the address Plaintiffs had provided. The court remailed the order on March 21, 2024, but it was returned again as undeliverable on April 12, 2024. Plaintiffs did not comply with the order, notify the court of a changed mailing address, or make further contact with the court.
Ruling
The court dismissed Plaintiffs’ complaint without prejudice. The opinion states that the complaint had been filed under 28 U.S.C. § 1915(a)(1), which permits a person who meets the statutory requirements to proceed without paying the filing fee.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The order did not address the merits of Plaintiffs’ claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.