King v. Neal
- Laura Swain
- 1:24-cv-02382
- U.S. District Court · Southern District of New York
- 1
In King v. Neal, Judge Swain dismissed the complaint without prejudice because King neither paid filing fees nor submitted required forms.
Kejohna King’s complaint was dismissed without prejudice for failure to submit the required fee-waiver application and prisoner authorization or pay the $405 filing fee. Fee-waiver status was also denied for an appeal.
What happened
In King v. Neal, Kejohna King brought a complaint naming Messiah Neal and Orange County Jail as defendants. The opinion does not describe the underlying claims.
The court had ordered King to submit an application to waive the filing fee and a prisoner authorization form, or pay the required $405 in fees, within 30 days. King did none of these things.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. The court also denied fee-waiver status for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- King v. Neal · No. 1:24-cv-02382
- Laura Swain
- May 1, 2024
Background
The court had previously ordered Kejohna King to submit a completed application to proceed without paying the filing fee and a prisoner authorization form within 30 days, or to pay the $405 required to file a civil action. The earlier order warned that failing to comply would result in dismissal. The opinion does not describe the claims in King's complaint.
Court's ruling
King did not submit the required application and authorization or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied King's request to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.