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S.D.N.Y.Procedural orderFiled Apr. 18, 2024

Hudson v. Southeast Grand Street Guild

Judge
Laura Swain
Docket
1:24-cv-01319
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Hudson v. Southeast Grand Street Guild, Judge Swain dismissed the complaint without prejudice because plaintiffs neither submitted amended fee-waiver applications nor paid the filing fee.

Who this affects

The complaint filed by Loretta Hudson and Calvin Hudson was dismissed without prejudice after they failed to submit amended applications to proceed without paying court fees or pay the $405 filing fee. The defendants named in the complaint were Southeast Grand Street Guild, Wavecrest Management, and Slochowsky & Slchowsky LLP.

What happened

In Hudson v. Southeast Grand Street Guild, Loretta Hudson and Calvin Hudson were ordered to submit amended applications to proceed without paying court fees or pay the $405 filing fee.

The plaintiffs did neither within the required 30-day period. The order therefore dismissed their complaint without prejudice, meaning the dismissal did not bar refiling.

Chief Judge Laura Taylor Swain also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hudson v. Southeast Grand Street Guild · No. 1:24-cv-01319
Judge
Laura Swain
Date
Apr. 18, 2024

Background

Loretta Hudson and Calvin Hudson filed a civil complaint against Southeast Grand Street Guild, Wavecrest Management, and Slochowsky & Slchowsky LLP. The opinion does not describe the underlying claims.

Filing-fee requirement

In an order dated March 14, 2024, the court directed the plaintiffs, within 30 days, either to submit amended applications to proceed without paying court fees or to pay the $405 required filing fee. The court warned that failure to comply would result in dismissal.

Ruling

The plaintiffs did not submit amended fee-waiver applications and did not pay the filing fee. Chief Judge Laura Taylor Swain therefore 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 any appeal would not be taken in good faith and denied fee-waiver status for an appeal. The court directed the Clerk of Court to enter judgment.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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