Randolph v. American Express
- Laura Swain
- 1:24-cv-02433
- U.S. District Court · Southern District of New York
- 1
In Randolph v. American Express, Judge Swain dismissed Randolph’s complaint without prejudice after he neither paid $405 nor submitted an application to waive filing fees.
The dismissal ended Jamein Randolph’s case at this stage. American Express was not required to litigate the merits in this order.
What happened
In Randolph v. American Express, the court had ordered Randolph to submit an application to proceed without paying filing fees or pay the $405 required to file a civil case. He did neither within the required thirty days.
The court therefore dismissed the complaint without prejudice. The opinion does not decide the underlying dispute between Randolph and American Express.
Judge Swain also denied Randolph permission to proceed without paying fees for an appeal, certified that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Randolph v. American Express · No. 1:24-cv-02433
- Laura Swain
- May 9, 2024
Background
On April 3, 2024, the court directed Randolph to submit a completed application to proceed without paying filing fees, called an in forma pauperis application, within thirty days, or to pay the $405 filing fee required for a civil action. The order warned that failing to do so would result in dismissal of the complaint. Randolph did not submit the application or pay the fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not address the merits of Randolph’s claims against American Express. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.