Nunez v. Doe
- Laura Swain
- 1:25-cv-04525
- U.S. District Court · Southern District of New York
- 1
In Nunez v. Doe, Judge Swain dismissed the complaint without prejudice because Nunez neither paid filing fees nor submitted required forms.
Eric Nunez, whose complaint was dismissed without prejudice and who was denied permission to proceed without paying fees for an appeal.
What happened
In Nunez v. Doe, the court gave Eric Nunez thirty days to submit an application to proceed without paying filing fees, a prisoner authorization, or the required filing fees. The order warned that failing to comply would result in dismissal.
Nunez did not submit the application and authorization or pay the $405 in fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Nunez permission to proceed without paying fees for an appeal. The clerk was directed to enter judgment.
The detailed version
- Nunez v. Doe · No. 1:25-cv-04525
- Laura Swain
- Aug. 12, 2025
Background
On June 17, 2025, the court ordered Eric Nunez to submit, within thirty days, a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 required to file a civil action. The court warned that failure to comply would result in dismissal of the complaint.
Court’s Ruling
The court found that Nunez had not submitted the application and prisoner authorization and had not paid the required fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims in the complaint.
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 consequently denied permission to proceed without paying fees for purposes of an appeal and directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.