Felice v. Doe
- Laura Swain
- 1:25-cv-04533
- U.S. District Court · Southern District of New York
- 1
In Felice v. Doe, Judge Swain dismissed the complaint without prejudice because Felice neither submitted required forms nor paid filing fees.
Phillipe Felice's complaint was dismissed without prejudice, and fee-free status for an appeal was denied.
What happened
In Felice v. Doe, the court had ordered Phillipe Felice to submit an application to proceed without paying filing fees, a prisoner authorization, or the required filing fees within 30 days.
Felice did not submit the required forms or pay the fees. The court dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment.
Judge Swain also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Felice v. Doe · No. 1:25-cv-04533
- Laura Swain
- July 14, 2025
Background
On June 10, 2025, the Court ordered Phillipe Felice, within 30 days, to either submit a completed application to proceed without paying filing fees and a prisoner authorization or pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Felice did not submit the application and prisoner authorization and did not pay the filing fees. The Court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not describe any further filing requirements.
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 and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain 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.