Rogers v. VICP
- Laura Swain
- 1:25-cv-02343
- U.S. District Court · Southern District of New York
- 1
Rogers v. VICP: Judge Swain dismissed the complaint without prejudice because Rogers did not submit the required original signature page.
Joshua Rogers's complaint against VICP was dismissed without prejudice; the order also denied permission to proceed without paying fees for an appeal.
What happened
In Rogers v. VICP, the court had ordered Joshua Rogers to resubmit the signature page of his application to proceed without paying filing fees, with an original signature, within 30 days.
Rogers did not submit the signed page. The court therefore dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for the appeal. The order did not decide the complaint's underlying claims.
The detailed version
- Rogers v. VICP · No. 1:25-cv-02343
- Laura Swain
- June 24, 2025
Background
On May 7, 2025, the court directed Joshua Rogers to resubmit the signature page of his application to proceed without paying filing fees. The court required an original signature and warned that failing to comply within 30 days would result in dismissal of the complaint.
Court's ruling
Rogers did not submit the signed signature page. Relying on Federal Rule of Civil Procedure 11(a), the court dismissed the complaint without prejudice. The court also directed the Clerk of Court to enter judgment.
Appeal-related ruling
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 proceed without paying filing fees for purposes of an appeal. The order did not address the merits of Rogers's claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.