Garcia v. Bronx Supreme Court House
- Laura Swain
- 1:24-cv-01700
- U.S. District Court · Southern District of New York
- 1
Garcia v. Bronx Supreme Court House was dismissed without prejudice after Chief Judge Swain found Garcia neither paid fees nor filed a fee-waiver request.
Paulina Beatriz Garcia's civil action was dismissed without prejudice because she neither filed the required fee-waiver application nor paid the $405 filing fee. The court also denied fee-waiver status for an appeal.
What happened
In Garcia v. Bronx Supreme Court House, the court had ordered Paulina Beatriz Garcia to submit a completed request to proceed without paying filing fees or pay the required $405 filing fee within 30 days. The order warned that failing to do so would result in dismissal.
Garcia did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling. The court also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.
The detailed version
- Garcia v. Bronx Supreme Court House · No. 1:24-cv-01700
- Laura Swain
- Apr. 29, 2024
Background
The court had previously ordered Plaintiff Paulina Beatriz Garcia to do one of two things within 30 days: file a completed application to proceed without paying filing fees, or pay the $405 required to file a civil action. The earlier order stated that failing to comply would result in dismissal of the complaint.
Ruling
Garcia did not file the fee-waiver application and did not pay the filing fee. The court 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 from the order would not be taken in good faith. Based on that certification, the court denied fee-waiver status for purposes of an appeal. The court directed the Clerk of Court to enter judgment.
Effect of the Order
The opinion expressly states that the complaint was dismissed without prejudice. It does not state whether Garcia was represented by a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.