Sheppard v. West Facility Annex
- Laura Swain
- 1:25-cv-03330
- U.S. District Court · Southern District of New York
- 1
In Sheppard v. West Facility Annex, Judge Swain dismissed the complaint without prejudice after Sheppard neither paid filing fees nor submitted required forms.
Richard Sheppard’s complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fees. Permission to proceed without paying fees on appeal was also denied.
What happened
In Sheppard v. West Facility Annex, the court had ordered Richard Sheppard to submit an application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $405 filing fees.
The court said Sheppard did not submit the required forms or pay the fees by the deadline. It therefore dismissed the complaint without prejudice.
Judge Laura Taylor Swain also denied permission to proceed without paying fees on appeal and directed the Clerk of Court to enter judgment. The order did not address the complaint’s underlying claims.
The detailed version
- Sheppard v. West Facility Annex · No. 1:25-cv-03330
- Laura Swain
- May 28, 2025
Background
On April 22, 2025, the court directed Richard Sheppard, within thirty days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $405 fees required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
The court found that Sheppard had not submitted the application and authorization or paid the fees. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not explain any additional requirements for doing so.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The order did not decide the merits of the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.