Prado v. Prado-Moore
- Laura Swain
- 1:25-cv-00629
- U.S. District Court · Southern District of New York
- 1
In Prado v. Prado-Moore, Judge Swain dismissed the complaint without prejudice after Prado neither paid filing fees nor filed an IFP application.
Yolanda Prado's complaint was dismissed without prejudice because she did not provide an updated address, submit the required application to proceed without paying filing fees, or pay the $405 filing fee. Fee-free status was also denied for any appeal.
What happened
In Prado v. Prado-Moore, the court had ordered Yolanda Prado to either submit an application to proceed without paying fees or pay the $405 required to file a civil action. The order warned that failing to comply would lead to dismissal.
The earlier order was returned as undeliverable, and Prado did not provide an updated address. She also did not submit the application or pay the filing fees.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Prado v. Prado-Moore · No. 1:25-cv-00629
- Laura Swain
- Mar. 19, 2025
Background
The court had previously directed Yolanda Prado, within thirty days, to either submit a completed application to proceed without paying filing fees or pay the $405 filing fee required for a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
On February 24, 2025, the earlier order was returned to the court as undeliverable. Prado had not provided an updated address, submitted the required application, or paid the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. 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 and therefore denied fee-free status for purposes of an appeal. The court directed the Clerk of Court to enter judgment.
Effect
The order ended this case, but the dismissal was without prejudice. The opinion does not address the underlying claims in the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.