Berguette v. Doe
- Laura Swain
- 1:25-cv-04529
- U.S. District Court · Southern District of New York
- 1
Berguette v. Doe: Judge Swain dismissed the complaint without prejudice because Berguette neither paid filing fees nor submitted required forms.
Berguette's complaint was dismissed without prejudice for failing to pay the filing fees or submit the required application and prisoner authorization. Berguette was also denied permission to appeal without paying fees.
What happened
In Berguette v. Doe, the court had ordered Berguette to submit an application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 filing fees. The order warned that failing to comply would result in dismissal.
Berguette did not submit the required documents or pay the fees. The opinion does not describe the claims in the complaint.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied permission to appeal without paying fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Berguette v. Doe · No. 1:25-cv-04529
- Laura Swain
- Aug. 8, 2025
Background
By an order dated June 5, 2025, the court directed Berguette to do one of two things within thirty days: submit a completed application to proceed without paying filing fees and a prisoner authorization, or pay the $405 in fees required to file a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
Noncompliance and dismissal
Berguette did not submit the application and prisoner authorization and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not address any other requirements for doing so.
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 fees. The court also directed the Clerk of Court to enter judgment.
Disposition
Judge Laura Taylor Swain dismissed the complaint without prejudice and 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.