Jeanty v. VanHorn
- Laura Swain
- 1:25-cv-00823
- U.S. District Court · Southern District of New York
- 1
In Jeanty v. VanHorn, Judge Swain dismissed the complaint without prejudice after Jeanty neither paid filing fees nor submitted the required authorization.
Kervin R. Jeanty, whose complaint was dismissed without prejudice; the court also denied him permission to appeal without paying the required fees.
What happened
In Jeanty v. VanHorn, the court had ordered Kervin R. Jeanty to submit a completed prisoner authorization or pay the $405 filing fee within 30 days. The order warned that failing to do so would lead to dismissal without prejudice.
Jeanty did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Swain also denied Jeanty permission to appeal without paying the required fees, finding that any appeal would not be taken in good faith. The clerk was directed to enter judgment.
The detailed version
- Jeanty v. VanHorn · No. 1:25-cv-00823
- Laura Swain
- Mar. 10, 2025
Background
The court had previously directed Kervin R. Jeanty, within 30 days, to either submit a completed prisoner authorization or pay the $405 in fees required to file a civil action. That earlier order stated that failing to comply would result in dismissal without prejudice.
Court’s Ruling
The court found that Jeanty had not submitted the authorization or paid the filing fees. It therefore dismissed the complaint without prejudice. The opinion does not identify the claims in the complaint or address their merits.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the required fees. The court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.