Whitaker v. Doe
- Laura Swain
- 1:25-cv-04532
- U.S. District Court · Southern District of New York
- 1
Whitaker v. Doe: Judge Swain dismissed Whitaker’s complaint without prejudice after he neither paid filing fees nor submitted required forms.
Michael Whitaker’s complaint was dismissed without prejudice because he did not pay the filing fee or submit the required forms. The ruling did not decide the claims against Doe.
What happened
In Michael Whitaker v. Doe, the court had ordered Whitaker to submit an application to proceed without paying the filing fee, along with a required prisoner authorization, or to pay the $405 filing fee. The order warned that failing to comply would result in dismissal.
Whitaker did not submit the required application and authorization and did not pay the filing fee. The opinion does not address the underlying claims against Doe.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied permission to proceed without paying fees for an appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Whitaker v. Doe · No. 1:25-cv-04532
- Laura Swain
- Aug. 12, 2025
Background
On June 17, 2025, the court directed Michael Whitaker to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or 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
Whitaker did not submit the application and prisoner authorization and did not pay the filing fee. Chief Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the merits of Whitaker’s claims against Doe.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court also directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.