Soto v. New York State Police
- Laura Swain
- 1:25-cv-01775
- U.S. District Court · Southern District of New York
- 1
Soto v. New York State Police: Judge Swain dismissed the complaint without prejudice because Soto neither paid filing fees nor submitted a request to proceed without paying them.
Luis Danny Soto's complaint against the New York State Police and the City of New York Police Department was dismissed without prejudice. Soto was also denied permission to proceed without paying fees for an appeal.
What happened
In Soto v. New York State Police, the court had ordered Luis Danny Soto to either submit a completed request to proceed without paying filing fees or pay the $405 required to file a civil action. The order gave him 30 days to comply.
Soto did neither. The court therefore dismissed his complaint without prejudice, meaning the dismissal did 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 Soto permission to proceed without paying fees for an appeal.
The detailed version
- Soto v. New York State Police · No. 1:25-cv-01775
- Laura Swain
- Apr. 7, 2025
Background
Luis Danny Soto sued the New York State Police and the City of New York Police Department. On March 4, 2025, the court ordered Soto, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 filing fee required for a civil action.
The court warned that failing to comply would result in dismissal. Soto did not submit the application or pay the fee.
Ruling
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.
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 permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.