Gonzalez v. United States
- Laura Swain
- 1:24-cv-08260
- U.S. District Court · Southern District of New York
- 1
In Gonzalez v. United States, Judge Swain dismissed the complaint without prejudice after Gonzalez failed to pay filing fees or submit required forms.
Thomas Gonzalez’s complaint was dismissed without prejudice because he did not submit the required filing documents or pay the $405 filing fee. His request to appeal without paying fees was also denied.
What happened
In Gonzalez v. United States, the court had ordered Thomas Gonzalez to submit a completed request to proceed without paying filing fees and a required prisoner authorization, or to pay the $405 filing fee.
Gonzalez did not submit the required documents or pay the fee within the deadline set by the court. The opinion does not address the underlying claims in the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied Gonzalez permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Gonzalez v. United States · No. 1:24-cv-08260
- Laura Swain
- June 18, 2025
Background
On March 4, 2025, the court ordered Thomas Gonzalez to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, along with a prisoner authorization, or pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
Court’s Ruling
Gonzalez did not submit the application and prisoner authorization or pay the filing fee. The court therefore dismissed the complaint without prejudice. This means the dismissal did not bar refiling, although the opinion does not discuss any requirements for refiling.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The court directed the clerk to enter judgment. The order did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.