Mitchells v. New York City
- Laura Swain
- 1:25-cv-04743
- U.S. District Court · Southern District of New York
- 1
In Johnathan Mitchells v. New York City, Judge Swain dismissed the complaint without prejudice after Mitchells neither renewed his fee request nor paid the filing fees.
Johnathan Mitchells’s complaint was dismissed without prejudice because he did not submit the required amended fee-waiver application or pay the $405 filing fees. The court also denied him permission to appeal without paying fees.
What happened
Johnathan Mitchells sued New York City and New York State. The court had ordered him to submit an amended request to proceed without paying filing fees or to pay the $405 required to file a civil action.
Mitchells did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the case was dismissed but could be filed again.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Mitchells permission to appeal without paying fees. The court directed the Clerk of Court to enter judgment.
The detailed version
- Mitchells v. New York City · No. 1:25-cv-04743
- Laura Swain
- July 23, 2025
Background
The court’s June 16, 2025 order directed Johnathan Mitchells, within thirty days, either to submit an amended application to proceed without paying the filing fee or to pay the $405 filing fees required for a civil action. That order warned that failing to comply would result in dismissal.
Ruling
The court found that Mitchells had not submitted an amended application or paid the fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. 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 permission to proceed without paying fees for an appeal. The court 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.