De la Cruz v. Doe
- Laura Swain
- 1:25-cv-02260
- U.S. District Court · Southern District of New York
- 1
In De la Cruz v. Doe, Judge Swain dismissed the complaint without prejudice because Miguel De la Cruz neither submitted required forms nor paid filing fees.
Miguel De la Cruz's complaint was dismissed without prejudice for failure to submit the required fee-waiver materials or pay the filing fees. The court also denied fee-free status for an appeal.
What happened
In De la Cruz v. Doe, the court had ordered Miguel De la Cruz to submit forms asking to proceed without paying filing fees or to pay the required fees. The order also required a prisoner authorization.
De la Cruz did not submit the forms and authorization or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, ruling that any appeal would not be taken in good faith. She directed the clerk to enter judgment.
The detailed version
- De la Cruz v. Doe · No. 1:25-cv-02260
- Laura Swain
- June 3, 2025
Background
In an order dated March 25, 2025, the court directed Miguel De la Cruz, within 30 days, either to submit a completed application to proceed without paying filing fees, along with prisoner authorization, or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
Disposition
De la Cruz did not submit the application and prisoner authorization or pay the required fees. The court dismissed the complaint without prejudice. The court directed the clerk to enter judgment.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.