Perez Perez v. New York State DMV Driving Improvement Unit
- Laura Swain
- 1:25-cv-04370
- U.S. District Court · Southern District of New York
- 1
Perez Perez v. New York State DMV Driving Improvement Unit: Judge Swain dismissed the complaint without prejudice after Plaintiff neither paid fees nor filed an IFP application.
The dismissal affected Plaintiff Victor Manuel Perez Perez's complaint against the New York State DMV Driving Improvement Unit. The complaint was dismissed without prejudice because Plaintiff did not submit the required application to proceed without paying filing fees or pay the $405 filing fee.
What happened
In Victor Manuel Perez Perez v. New York State DMV Driving Improvement Unit, the court had ordered Plaintiff to either submit an application to proceed without paying the filing fees or pay the required $405 in fees.
The deadline passed, and Plaintiff did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Perez Perez v. New York State DMV Driving Improvement Unit · No. 1:25-cv-04370
- Laura Swain
- July 21, 2025
Background
By an order dated May 29, 2025, the court directed Plaintiff to either submit a completed application to proceed without paying the filing fees or pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
Plaintiff did not submit the application or pay the fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
Appeal status
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 appeal without paying fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.