Rodriguez-Morales v. Breaking Ground
- Laura Swain
- 1:25-cv-00799
- U.S. District Court · Southern District of New York
- 1
In Rodriguez-Morales v. Breaking Ground, Judge Swain dismissed the action and denied status to appeal without prepaying fees.
The action brought by Enki Rodriguez-Morales against Breaking Ground and the other named defendants was dismissed. The judgment also denied the plaintiff fee-free status for an appeal.
What happened
Rodriguez-Morales v. Breaking Ground was dismissed for the reasons given in a separate June 5, 2025 order. That order is not included in the provided text, so the judgment does not explain why the action was dismissed.
The court also certified that any appeal would not be taken in good faith and denied fee-free status for an appeal. In practical terms, the plaintiff would not receive permission to appeal without paying the required fees under that status.
Judge Laura Taylor Swain signed the civil judgment on June 5, 2025. The judgment does not state whether the dismissal was based on the merits, a procedural issue, or another ground.
The detailed version
- Rodriguez-Morales v. Breaking Ground · No. 1:25-cv-00799
- Laura Swain
- June 5, 2025
Disposition
The court entered a civil judgment dismissing the action. The judgment states that the dismissal was for the reasons given in a June 5, 2025 order, but that order is not included in the provided opinion text. Accordingly, the basis for the dismissal cannot be determined from this judgment alone. The judgment does not use the phrases “with prejudice” or “without prejudice.”
Appeal and Fee Status
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the judgment would not be taken in good faith. It therefore denied the plaintiff’s status to pursue an appeal without prepaying court fees. The judgment cites the rule that an appeal is taken in good faith when the appellant seeks review of a nonfrivolous, or legally arguable, issue, but it does not give additional reasons for the certification.
Classification
This is classified as a procedural order because the provided judgment dismisses the action without describing a decision on the underlying legal claims. Judge Laura Taylor Swain entered the judgment on June 5, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.