Chaplin v. Freedom Mortgage Corporation
- Laura Swain
- 1:24-cv-01829
- U.S. District Court · Southern District of New York
- 1
In Chaplin v. Freedom Mortgage, Judge Swain dismissed the complaint without prejudice because Chaplin neither paid filing fees nor requested to proceed without them.
Charlene-Jannise Chaplin's complaint was dismissed without prejudice. The court also denied permission to proceed without paying fees for any appeal from the order.
What happened
In Chaplin v. Freedom Mortgage Corporation, the court had ordered Charlene-Jannise Chaplin to submit a completed request to proceed without paying filing fees or pay the required $405 filing fee within 30 days.
Chaplin did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Chaplin v. Freedom Mortgage Corporation · No. 1:24-cv-01829
- Laura Swain
- May 10, 2024
Background
The court had previously ordered Charlene-Jannise Chaplin to file a completed request to proceed without paying filing fees or to pay the $405 fee required to start a civil action. The order gave her 30 days and warned that failing to comply would result in dismissal.
Court’s Action
Chaplin did not file the fee-waiver request and did not pay the filing fee. Citing 28 U.S.C. §§ 1914 and 1915, the court dismissed the complaint without prejudice. The court also directed the Clerk of Court to enter judgment.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal.
Disposition
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.