Black v. Dorsey
- Laura Swain
- 1:25-cv-00413
- U.S. District Court · Southern District of New York
- 1
In Black v. Dorsey, Judge Swain dismissed Cory Black’s complaint without prejudice after he failed to submit authorization or pay the filing fee.
Cory Black’s complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fee. The opinion does not decide the claims against Deandre Dorsey or Matthew Cabillis.
What happened
In Black v. Dorsey, the court had ordered Cory Black 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.
Black did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal does not bar refiling. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied Black permission to appeal without paying the required fees. The opinion does not address the underlying claims against Deandre Dorsey or Matthew Cabillis.
The detailed version
- Black v. Dorsey · No. 1:25-cv-00413
- Laura Swain
- Mar. 24, 2025
Background
By an order dated January 21, 2025, the court directed Cory Black to submit a completed prisoner authorization or pay the $405 filing fee required to bring a civil action. The court stated that failure to comply would result in dismissal of the complaint.
Ruling
Black did not submit the authorization or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
Appeal-fee ruling
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 Black permission to appeal without paying the required fees. The order did not decide the underlying claims against Deandre Dorsey or Matthew Cabillis.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.