Gulley v. Doe
- Laura Swain
- 1:25-cv-04539
- U.S. District Court · Southern District of New York
- 1
In Gulley v. Doe, Judge Swain dismissed the complaint without prejudice because Gulley neither paid the filing fee nor submitted required forms.
Keon Gulley’s complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fee. The court also denied fee-free status for an appeal.
What happened
In Gulley v. Doe, the court had ordered Keon Gulley to submit an application to proceed without paying the filing fee, a required prisoner authorization, or the $405 filing fee within 30 days.
Gulley did not submit the required forms or pay the fee. The court therefore dismissed the complaint without prejudice, meaning it was not permanently barred from being filed again.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Gulley v. Doe · No. 1:25-cv-04539
- Laura Swain
- Aug. 12, 2025
Background
By an order dated June 5, 2025, the Court directed Plaintiff Keon Gulley to do one of the following within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $405 in fees required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
Gulley did not submit the application and prisoner authorization and did not pay the filing fees. The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The Court also 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 proceed without paying fees for purposes of an appeal. The Court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.