Gibson v. Doe
- Laura Swain
- 1:23-cv-09474
- U.S. District Court · Southern District of New York
- 1
In Gibson v. Doe, Chief Judge Swain dismissed David Gibson’s complaint after he failed to file the required amended complaint and denied fee-free appeal status.
David Gibson’s complaint was dismissed, and his status for pursuing an appeal without paying filing fees was denied. The opinion does not describe the underlying claims or any effect on the defendants beyond the entry of judgment.
What happened
In Gibson v. Doe, the court had ordered David Gibson to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal. Gibson did not file one.
The court dismissed the complaint under the statute governing complaints filed without paying filing fees upfront. It also directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain found that any appeal would not be taken in good faith and denied Gibson that fee-free filing status for an appeal.
The detailed version
- Gibson v. Doe · No. 1:23-cv-09474
- Laura Swain
- Aug. 13, 2025
Background
On May 7, 2025, the court ordered David Gibson to file an amended complaint within 60 days. The order warned that failing to comply would result in dismissal. The opinion states that Gibson did not file an amended complaint.
The complaint had been filed without paying filing fees upfront under 28 U.S.C. § 1915(a)(1), a status commonly called filing without payment of fees.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not explain the underlying claims or the earlier reasons for requiring an amended complaint. The court also directed the Clerk of Court to enter judgment.
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 Gibson the no-fee filing status for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.