Rogers v. Gardasil
- Laura Swain
- 1:25-cv-02344
- U.S. District Court · Southern District of New York
- 2
In Rogers v. Gardasil, Chief Judge Swain ordered Joshua Rogers to pay filing fees or submit an IFP application within 30 days.
Joshua Rogers, who filed the action without a lawyer; the case will not proceed to summons issuance unless he pays the required fees or submits the required IFP application.
What happened
In Rogers v. Gardasil, Joshua Rogers filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court gave Rogers 30 days to pay $405 in filing and administrative fees or submit a signed application to proceed without prepayment. No summons will issue yet.
Chief Judge Laura Taylor Swain ordered that the case be processed if Rogers complies and warned that the action will be dismissed if he does not. The court also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Rogers v. Gardasil · No. 1:25-cv-02344
- Laura Swain
- May 7, 2025
Background
Joshua Rogers brought this civil action against Gardasil without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepayment of fees, commonly called an IFP application.
Order
The court explained that proceeding with a civil action requires either payment of $405— consisting of a $350 filing fee and a $55 administrative fee—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915.
Within 30 days of the order, Rogers must either pay the $405 or submit the attached IFP application, labeled with docket number 1:25-CV-2344 (LTS). If the court grants the application, Rogers may proceed without paying the fees in advance. No summons will issue at this time.
Effect of the Order
The court directed that the case be processed under the Clerk’s Office procedures if Rogers complies. If he does not comply within the allowed time, the action will be dismissed. The order did not address the underlying claims against Gardasil.
Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.