Baldera v. Doe
- Laura Swain
- 1:25-cv-02258
- U.S. District Court · Southern District of New York
- 1
Baldera v. Doe: Judge Swain dismissed the complaint without prejudice because Baldera neither submitted required forms nor paid filing fees.
Frederick Baldera, whose complaint was dismissed without prejudice for failing to submit the required forms or pay the filing fees; the defendant is identified as Doe.
What happened
In Baldera v. Doe, the court had ordered Frederick Baldera to submit an application to proceed without paying filing fees, a required prisoner authorization, or the filing fees themselves within 30 days.
Baldera did not submit the required documents or pay the fees. The court therefore dismissed the complaint, without prejudice to refiling.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to enter judgment.
The detailed version
- Baldera v. Doe · No. 1:25-cv-02258
- Laura Swain
- Apr. 23, 2025
Background
On March 20, 2025, the court directed Frederick Baldera, within 30 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. The court warned that failing to comply would result in dismissal of the complaint.
Ruling
The court found that Baldera had not submitted the application and authorization or paid the filing fees. It dismissed the complaint, without prejudice to refiling. A dismissal without prejudice does not bar the plaintiff from filing the case again.
Appeal and 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 court 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.