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S.D.N.Y.Procedural orderFiled Apr. 7, 2025

Soto v. New York State Police

Judge
Laura Swain
Docket
1:25-cv-01775
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

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.

Who this affects

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

For law students, journalists, and other readers who want the full reasoning

Case
Soto v. New York State Police · No. 1:25-cv-01775
Judge
Laura Swain
Date
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.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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