Martin v. Doe
- Laura Swain
- 1:25-cv-02262
- U.S. District Court · Southern District of New York
- 1
In Martin v. Doe, Judge Swain dismissed the action without prejudice because Martin neither submitted required forms nor paid filing fees.
Barrington Martin's action was dismissed without prejudice for failure to submit the required filing-fee documents or pay the filing fees; permission to appeal without paying fees was also denied.
What happened
In Martin v. Doe, the court had ordered Barrington Martin to submit an application to proceed without paying filing fees, a required prisoner authorization, or the filing fees for his civil action. The order warned that failure to comply would lead to dismissal.
Martin did not submit the required documents or pay the fees. The court therefore dismissed the action without prejudice, meaning the dismissal does not itself bar refiling.
Judge Swain also ruled that any appeal would not be taken in good faith and denied Martin permission to appeal without paying fees. The clerk was directed to enter judgment dismissing the action.
The detailed version
- Martin v. Doe · No. 1:25-cv-02262
- Laura Swain
- May 20, 2025
Background
On March 20, 2025, the court ordered Barrington Martin to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 in fees required to file a civil action. The order stated that failing to comply would result in dismissal.
Ruling
Martin did not submit the application and prisoner authorization and did not pay the required fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims.
The court 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 permission to appeal without paying fees. Judge Laura Taylor Swain directed the clerk to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.