Allen v. Garcia
- Laura Swain
- 1:25-cv-00672
- U.S. District Court · Southern District of New York
- 1
In Allen v. Garcia, Judge Swain dismissed the complaint without prejudice because Allen neither paid filing fees nor submitted required forms.
Ana C. Allen's complaint was dismissed without prejudice because she did not submit the required forms or pay the filing fees. The court also denied fee-free appellate status.
What happened
In Allen v. Garcia, the court had ordered Ana C. Allen to submit a completed request to proceed without paying filing fees and a required prisoner authorization, or to pay $405 in filing fees. The order gave her thirty days and warned that failing to comply would result in dismissal.
Allen did not submit the forms or pay the fees. The opinion does not describe the underlying claims or address their merits.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. The court also denied permission to proceed without paying fees for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Allen v. Garcia · No. 1:25-cv-00672
- Laura Swain
- Mar. 24, 2025
Background
By an order dated February 3, 2025, the court directed Plaintiff Ana C. Allen, within thirty days, to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 required to file a civil action in the court. The earlier order warned that failure to comply would result in dismissal of the complaint.
Court’s ruling
The court found that Allen had not submitted the application and prisoner authorization or paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the substance of Allen’s claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. It also 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.