Barnett v. Doctor Nortin
- Laura Swain
- 1:25-cv-04755
- U.S. District Court · Southern District of New York
- 1
Barnett v. Doctor Nortin: Judge Swain dismissed the complaint without prejudice because required filing steps were not completed.
The plaintiff’s complaint was dismissed without prejudice because the plaintiff did not submit the required prisoner authorization or pay the $405 filing fee. The plaintiff was also denied permission to appeal without paying the required fees.
What happened
In Barnett v. Doctor Nortin, the court required the plaintiff to complete a prisoner authorization or pay the filing fees to continue the civil case.
The plaintiff did neither within the required thirty-day period after the court’s June 16, 2025 order.
Judge Laura Taylor Swain dismissed the complaint without prejudice, denied fee-waiver status for an appeal, and directed the clerk to enter judgment.
The detailed version
- Barnett v. Doctor Nortin · No. 1:25-cv-04755
- Laura Swain
- July 23, 2025
Background
On June 16, 2025, the court directed the plaintiff to submit a completed prisoner authorization or pay the $405 filing fee required to bring a civil action. The order warned that failing to comply would result in dismissal.
Ruling
The plaintiff did not submit the authorization or pay the fee. The court therefore dismissed the complaint without prejudice to refiling, citing 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar a new filing. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied the plaintiff permission to proceed without paying appeal fees. Judge Laura Taylor Swain directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.