Hicks v. Ryan
- Laura Swain
- 1:24-cv-09585
- U.S. District Court · Southern District of New York
- 1
In Hicks v. Ryan, Judge Swain dismissed the complaint without prejudice because Hicks neither paid filing fees nor submitted an application to proceed without them.
Darnell Hicks's complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee. His request to appeal without paying fees was also denied.
What happened
Darnell Hicks brought Hicks v. Ryan against Officer Ryan and other defendants. The court had ordered Hicks to submit an application to proceed without paying fees or to pay the required filing fees.
Hicks did neither within the time allowed. The court therefore dismissed the complaint without prejudice.
Chief Judge Laura Taylor Swain also denied Hicks permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Hicks v. Ryan · No. 1:24-cv-09585
- Laura Swain
- May 20, 2025
Background
Darnell Hicks sued Officer Ryan and other defendants. In orders dated December 20, 2024, and April 1, 2025, the court directed Hicks, within 30 days, either to submit a completed application to proceed without paying court fees or to pay the $405 filing fee required for a civil action.
The court warned that failing to comply would result in dismissal of the complaint. Hicks did not submit the application or pay the filing fee.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. 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.