Cuello v. Doe
- Laura Swain
- 1:25-cv-04516
- U.S. District Court · Southern District of New York
- 1
Cuello v. Doe: Judge Swain dismissed the complaint without prejudice because Michael Cuello neither paid the filing fee nor submitted required forms.
Michael Cuello's complaint was dismissed without prejudice because he did not submit the required filing-fee forms or pay the filing fee. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Cuello v. Doe, the court ordered Michael Cuello to submit an application to proceed without paying filing fees and a prisoner authorization, or to pay the required $405 filing fee. The order warned that failing to do so within 30 days would lead to dismissal.
Cuello did not submit the required forms or pay the fees. 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 Cuello permission to proceed without paying fees on appeal. The clerk was directed to enter judgment.
The detailed version
- Cuello v. Doe · No. 1:25-cv-04516
- Laura Swain
- July 14, 2025
Background
The court had previously ordered Michael Cuello, within 30 days, either to submit a completed application to proceed without paying filing fees and a prisoner authorization or to pay the $405 filing fee required to start a civil action. The order warned that failing to comply would result in dismissal.
What the Court Decided
Cuello did not submit the application and prisoner authorization, and he did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
Other Rulings
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 fees for an appeal and directed the clerk to enter judgment. 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.