Chaplin v. Chelsea Massachusetts
- Laura Swain
- 1:24-cv-01827
- U.S. District Court · Southern District of New York
- 1
In Chaplin v. Chelsea Massachusetts, Judge Swain dismissed the complaint without prejudice after Chaplin neither paid the filing fees nor requested permission to proceed without prepaying them.
Charlene-Jannise Chaplin’s complaint was dismissed without prejudice because she did not pay the required filing fees or submit an application to proceed without prepaying them. Any appeal was denied permission to proceed without prepaying fees.
What happened
In Chaplin v. Chelsea Massachusetts, the court ordered Charlene-Jannise Chaplin to either submit a completed request to proceed without prepaying filing fees or pay the fees required to file a civil case.
The order gave Chaplin thirty days to comply and warned that failing to do so would result in dismissal. She did not submit the request or pay the fees.
The court dismissed the complaint without prejudice, meaning it was not permanently barred from being filed again. Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal and directed the clerk to enter judgment.
The detailed version
- Chaplin v. Chelsea Massachusetts · No. 1:24-cv-01827
- Laura Swain
- May 20, 2024
Background
Charlene-Jannise Chaplin brought a complaint against Chelsea Massachusetts and other defendants. The court’s April 10, 2024 order required her, within thirty days, either to submit a completed application to proceed without prepaying filing fees or to pay the $405 required to file a civil action in the court. That order warned that failure to comply would result in dismissal.
Court’s action
Chaplin did not submit the application or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
Other orders and disposition
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 prepaying fees for purposes of an appeal. The court directed the clerk to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.