Rodriguez v. New York
- Laura Swain
- 1:25-cv-00350
- U.S. District Court · Southern District of New York
- 1
In Rodriguez v. New York, Judge Swain dismissed the complaint without prejudice after Rodriguez neither paid the filing fee nor submitted an IFP application.
Rudolfo Rodriguez’s complaint was dismissed without prejudice. His request to appeal without paying fees was denied, and the court stated that a certificate of appealability would not issue.
What happened
In Rodriguez v. New York, the court had ordered Rudolfo Rodriguez to submit an application to proceed without paying filing fees or pay the required $5 filing fee within 30 days.
Rodriguez did neither. The court therefore dismissed his complaint without prejudice, meaning the opinion did not bar him from filing again.
Judge Laura Taylor Swain also denied Rodriguez permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and said no certificate allowing an appeal would issue.
The detailed version
- Rodriguez v. New York · No. 1:25-cv-00350
- Laura Swain
- Mar. 24, 2025
Background
By an order dated January 24, 2025, the court directed Rudolfo Rodriguez either to submit a completed application to proceed without paying filing fees or to pay the $5 fee required to file a civil action. The order warned that failing to comply would result in dismissal.
Court’s ruling
Rodriguez did not submit the application or pay the fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying allegations or decide their merits.
The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. It further stated that a certificate of appealability would not issue because the petition made no substantial showing that a constitutional right had been denied. The court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.