Taylor v. City of New York
- Laura Swain
- 1:24-cv-01922
- U.S. District Court · Southern District of New York
- 2
In Taylor v. City of New York, Judge Swain dismissed the action without prejudice because Taylor neither paid filing fees nor submitted a completed fee-waiver application.
Roy Taylor’s action was dismissed without prejudice; the City of New York was the named defendant. Any pending motions or requests were denied as moot, and Taylor was denied fee-waiver status for an appeal.
What happened
Taylor v. City of New York was dismissed after Roy Taylor failed to follow an order requiring him either to pay the court’s filing fees or submit a completed and signed application to waive those fees. The court had warned that failing to do so would lead to dismissal.
The dismissal was without prejudice, meaning the action was not permanently barred by this order. The court also denied any pending motions or requests as moot and denied Taylor permission to proceed without paying fees on an appeal, finding that an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment dismissing the action and to mail Taylor the order and judgment.
The detailed version
- Taylor v. City of New York · No. 1:24-cv-01922
- Laura Swain
- May 20, 2024
Background
The court had previously ordered Roy Taylor to submit a completed and signed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The order gave him 30 days and warned that failing to comply would result in dismissal.
Court’s ruling
The court found that Taylor had neither submitted the completed and signed fee-waiver application nor paid the required fees. It therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also denied any pending motions or requests as moot.
The court 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 filing fees for an appeal. Chief Judge Laura Taylor Swain directed the Clerk of Court to enter a judgment dismissing the action and to mail Taylor the order and accompanying judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.