Corley v. Cepada
- Laura Swain
- 1:25-cv-00770
- U.S. District Court · Southern District of New York
- 1
In Corley v. Cepada, Judge Swain dismissed the complaint without prejudice after Corley neither submitted a new fee-waiver request nor paid filing fees.
Marquis Corley’s complaint was dismissed without prejudice because he did not submit the required amended fee-waiver application or pay the $405 filing fee. His request to proceed without paying fees on appeal was also denied.
What happened
In Corley v. Cepada, the court had ordered Marquis Corley to submit an amended request to proceed without paying filing fees or pay the required $405 filing fee within 30 days.
Corley did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Corley permission to proceed without paying fees for an appeal.
The detailed version
- Corley v. Cepada · No. 1:25-cv-00770
- Laura Swain
- Apr. 14, 2025
Background
The court had previously directed Marquis Corley to either submit an amended application to proceed without paying filing fees or pay the $405 fee required to file a civil action. The order gave Corley 30 days to comply and stated that the complaint would be dismissed if he did not.
Ruling
Corley did not submit the amended application and did not 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.
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. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.