Rosen v. REGAIN CRF FUND I LLC
- Laura Swain
- 1:25-cv-00364
- U.S. District Court · Southern District of New York
- 1
In Rosen v. REGAIN CRF FUND I LLC, Judge Swain dismissed Rosen’s complaint without prejudice because he neither paid the filing fee nor submitted an IFP application.
Isaac Rosen’s complaint against REGAIN CRF FUND I LLC and the other defendants was dismissed without prejudice. Rosen was also denied permission to proceed without paying fees on appeal.
What happened
In Rosen v. REGAIN CRF FUND I LLC, the court had ordered Isaac Rosen to submit an application to proceed without paying filing fees or pay the $405 filing fee within 30 days.
Rosen did neither. The court therefore dismissed his complaint without prejudice, meaning the opinion did not bar refiling.
Judge Laura Taylor Swain also denied Rosen permission to proceed without paying fees on appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Rosen v. REGAIN CRF FUND I LLC · No. 1:25-cv-00364
- Laura Swain
- Feb. 24, 2025
Background
On January 16, 2025, the court directed Isaac Rosen either to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The order gave Rosen 30 days and warned that failure to comply would result in dismissal.
Court’s Ruling
Rosen did not submit the application or pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not bar Rosen from refiling, although it did not decide the underlying claims.
The court certified that any appeal would not be taken in good faith and denied Rosen permission to proceed without paying fees for an appeal. It also directed the Clerk of Court 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.