Gibbs v. Jackson
- Laura Swain
- 1:25-cv-02575
- U.S. District Court · Southern District of New York
- 1
In Gibbs v. Jackson, Chief Judge Swain dismissed the complaint without prejudice after Gibbs neither paid filing fees nor submitted an application to proceed without paying.
Tyquan Gibbs’s complaint against Curtis Jackson and Zack was dismissed without prejudice because Gibbs did not pay the required filing fee or submit an application to proceed without paying it. The court also denied permission to proceed without paying fees for an appeal.
What happened
Gibbs v. Jackson involved Tyquan Gibbs’s complaint against Curtis Jackson and Zack. The court had ordered Gibbs to either submit an application to proceed without paying filing fees or pay the required $405 filing fee within 30 days.
Gibbs did neither. A footnote states that Gibbs also did not provide the court with a mailing address, and an emailed copy of the earlier order could not be delivered because the mailbox provided by Gibbs was full.
Chief Judge Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. The court also said that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Gibbs v. Jackson · No. 1:25-cv-02575
- Laura Swain
- June 24, 2025
Background
Tyquan Gibbs filed a civil complaint against Curtis Jackson and Zack. On April 1, 2025, the court ordered Gibbs to submit a request to proceed without paying filing fees, called an application to proceed in forma pauperis, or to pay the $405 filing fee required for a civil action. The order gave Gibbs 30 days and warned that failing to comply would result in dismissal.
The opinion states that Gibbs did not submit the application or pay the filing fee. A footnote states that Gibbs did not provide the court with a mailing address. The Clerk’s Office attempted to email Gibbs a copy of the earlier order using an address Gibbs provided, but the email was returned because the mailbox was full.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. As a result, the court denied permission to proceed without paying fees for an appeal. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.