Boylan v. Marcus
- Laura Swain
- 1:25-cv-05872
- U.S. District Court · Southern District of New York
- 1
In Boylan v. Marcus, Judge Swain dismissed the action without prejudice because Boylan filed without required court permission.
James Boylan's action was dismissed without prejudice, and he was denied fee-free status for any appeal from the order.
What happened
In Boylan v. Marcus, James Boylan filed a new case without a lawyer and asked to proceed without paying the filing fee.
A 1995 court order required Boylan to obtain permission before filing any new case without paying the fee. The opinion says he had not sought that permission.
Judge Swain dismissed the action without prejudice for violating the 1995 order. She also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Boylan v. Marcus · No. 1:25-cv-05872
- Laura Swain
- July 21, 2025
Background
James Boylan filed a new case without a lawyer and requested permission to proceed without paying the filing fee, known as in forma pauperis status. The court stated that a November 7, 1995 order barred Boylan from filing any new action without paying the fee unless he first obtained the court's permission.
Court's Ruling
The court stated that Boylan had not sought the required permission. It therefore dismissed the action without prejudice for failing to comply with the 1995 order. The dismissal was entered under 28 U.S.C. § 1651.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. 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.