Montague v. West Facility Annex
- Laura Swain
- 1:25-cv-03329
- U.S. District Court · Southern District of New York
- 1
In Montague v. West Facility Annex, Judge Swain dismissed the complaint without prejudice because Montague neither paid filing fees nor submitted required forms.
Anthony Montague’s complaint was dismissed without prejudice, and fee-free status for an appeal was denied. The order also directed entry of judgment.
What happened
In Montague v. West Facility Annex, the court had ordered Anthony Montague to submit an application to proceed without paying filing fees and a required prisoner authorization, or to pay the $405 filing fee. The order warned that failing to do so would result in dismissal.
Montague did not submit the required documents or pay the filing fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal. She directed the Clerk of Court to enter judgment.
The detailed version
- Montague v. West Facility Annex · No. 1:25-cv-03329
- Laura Swain
- June 26, 2025
Background
The court had previously ordered Anthony Montague, within thirty days, to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 in fees required to file a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
Court’s Ruling
Montague did not submit the application and prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied status to appeal without paying fees. The court also directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.