Sabino v. City of New York
- Laura Swain
- 1:24-cv-02176
- U.S. District Court · Southern District of New York
- 1
In Sabino v. City of New York, Judge Swain dismissed the complaint without prejudice after Sabino neither paid filing fees nor submitted the required authorization.
Saul Sabino, whose complaint was dismissed without prejudice because he did not submit the required authorization or pay the filing fees; any appeal would not qualify for permission to proceed without paying fees.
What happened
In Sabino v. City of New York, the court had ordered Saul Sabino to submit a completed prisoner authorization or pay the $405 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Sabino did neither. The court therefore dismissed the complaint without prejudice, meaning the opinion did not bar him from filing again. The court also denied permission to proceed without paying fees for any appeal and directed the clerk to enter judgment.
Chief Judge Laura Taylor Swain issued the order on May 1, 2024. She also certified that an appeal would not be taken in good faith.
The detailed version
- Sabino v. City of New York · No. 1:24-cv-02176
- Laura Swain
- May 1, 2024
Background
The court had previously ordered Saul Sabino, within 30 days, to either submit a completed prisoner authorization or pay the $405 in filing fees required to bring a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
Court’s action
The opinion states that Sabino did not file the authorization and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims against the City of New York or the other defendants.
Appeal and judgment
Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The court consequently denied permission to appeal without paying the required fees. It also directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.