Ofer v. Mark
- Laura Swain
- 1:25-cv-05067
- U.S. District Court · Southern District of New York
- 1
In Ofer v. Mark, Judge Swain dismissed the complaint without prejudice because Ofer neither paid filing fees nor submitted a request to proceed without paying them.
Raz Ofer, whose complaint was dismissed without prejudice; the opinion also directs entry of judgment in the case involving Robert A. Mark.
What happened
In Ofer v. Mark, the court had ordered Raz Ofer to submit a completed request to proceed without paying filing fees or pay the $405 required to file a civil case. The order warned that failing to comply would lead to dismissal.
Ofer did neither. The court dismissed the complaint without prejudice to refiling, meaning the opinion allows another filing. The court also said any appeal would not be taken in good faith and denied Ofer permission to appeal without paying fees.
Chief Judge Laura Taylor Swain ordered the Clerk of Court to enter judgment. The court did not address the underlying claims against Robert A. Mark.
The detailed version
- Ofer v. Mark · No. 1:25-cv-05067
- Laura Swain
- July 23, 2025
Background
By an order dated June 18, 2025, the court directed Raz Ofer to either submit a completed application to proceed without paying filing fees or pay the $405 filing fee required for a civil action. The order stated that failure to comply would result in dismissal of the complaint. Ofer did not submit the application or pay the fee.
Ruling
The court dismissed the complaint without prejudice to refiling. This dismissal was based on Ofer's failure to comply with the court's filing-fee order; the opinion did not address the underlying claims against Robert A. Mark. The court directed the Clerk of Court to enter judgment.
Appeal-related ruling
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 filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.