Green v. MZ 2640 Owner LLP
- Laura Swain
- 1:24-cv-02529
- U.S. District Court · Southern District of New York
- 2
In Green v. MZ 2640 Owner LLP, Judge Swain dismissed the complaint without prejudice after plaintiffs failed to pay filing fees or submit required applications.
Shanta Green and Kelvin Arrington, whose complaint was dismissed without prejudice; any appeal would not receive permission to proceed without paying the required fees.
What happened
In Green v. MZ 2640 Owner LLP, Shanta Green and Kelvin Arrington sued MZ 2640 Owner LLP and other defendants. The court had ordered them to either pay the civil filing fee or submit applications to proceed without paying it.
The plaintiffs did neither within the required thirty-day period. The court also noted that Arrington had not signed the complaint or submitted the required signature page.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied permission to proceed without paying fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Green v. MZ 2640 Owner LLP · No. 1:24-cv-02529
- Laura Swain
- May 22, 2024
Background
Shanta Green and Kelvin Arrington brought the action against MZ 2640 Owner LLP, Desiree Parkey, and MZ Housing Development of Fund Co. On April 5, 2024, the court ordered the plaintiffs, within thirty days, either to pay the $405 civil filing fee or for each plaintiff to submit a completed application to proceed without paying the fee.
The order warned that failing to comply would result in dismissal. The plaintiffs did not submit the required applications or pay the filing fee. The court’s footnote also states that Kelvin Arrington did not sign the complaint and did not submit the signed signature page that the April 5 order required.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar a later filing. The court directed the clerk to enter judgment.
The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order did not address the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.