Gumora v. Trigueno
- Laura Swain
- 1:25-cv-02096
- U.S. District Court · Southern District of New York
- 1
In Gumora v. Trigueno, Judge Swain dismissed the complaint without prejudice after Gumora neither submitted required forms nor paid filing fees.
Joshua Gumora's complaint was dismissed without prejudice because he did not submit the required fee-waiver materials or pay the $405 filing fee. The court also denied fee-waiver status for any appeal.
What happened
In Gumora v. Trigueno, Joshua Gumora was required to submit forms to request permission to proceed without paying the filing fee, or pay the $405 filing fee.
Gumora did neither within the required thirty-day period. The court therefore dismissed the complaint without prejudice, meaning it was not barred from being filed again on that basis.
Judge Laura Taylor Swain also denied permission to proceed without paying fees for an appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Gumora v. Trigueno · No. 1:25-cv-02096
- Laura Swain
- May 14, 2025
Background
On March 17, 2025, the court ordered Joshua Gumora to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Gumora did not submit the application and prisoner authorization or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The court also 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.