Donnay v. Del Grasso
- Laura Swain
- 1:25-cv-05260
- U.S. District Court · Southern District of New York
- 1
In Donnay v. Del Grasso, Judge Swain dismissed the complaint without prejudice because Donnay neither filed authorization nor paid required fees.
The complaint brought by Dominique Francis Donnay, Sr. was dismissed without prejudice after he did not submit the required prisoner authorization or pay the $405 filing fee. Any appeal was denied fee-free status.
What happened
In Donnay v. Del Grasso, the court ordered Plaintiff to submit a completed prisoner authorization or pay $405 in filing fees within thirty days to continue the case.
Plaintiff did neither. The opinion does not describe the underlying claims against Warden Del Grasso or the other defendants.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Donnay v. Del Grasso · No. 1:25-cv-05260
- Laura Swain
- Aug. 12, 2025
Background
The plaintiff, Dominique Francis Donnay, Sr., sued Warden Del Grasso and other defendants. The opinion does not state the claims underlying the lawsuit.
On June 26, 2025, the court directed Donnay to submit a completed prisoner authorization or pay $405 in filing fees within thirty days if he wanted to proceed. The order warned that failing to comply would result in dismissal.
Ruling
Donnay did not submit the authorization or pay the fees. The court therefore 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 would not be taken in good faith and denied fee-free status for 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.