Montague v. Doe
- Laura Swain
- 1:25-cv-04542
- U.S. District Court · Southern District of New York
- 1
In Montague v. Doe, Judge Swain dismissed the complaint without prejudice after Montague neither paid filing fees nor submitted required forms.
Anthony Montague's complaint was dismissed without prejudice because he did not submit the required filing documents or pay the required fees. Fee-free status was also denied for an appeal.
What happened
In Montague v. Doe, the court had ordered Anthony Montague to submit a completed request to proceed without paying filing fees and a required prisoner authorization, or to pay the $405 filing fee.
Montague did not submit the required documents or pay the fee within the time allowed. The court therefore dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Montague v. Doe · No. 1:25-cv-04542
- Laura Swain
- Aug. 12, 2025
Background
By an order dated June 17, 2025, the Court directed Anthony Montague, within thirty days, either to submit a completed application to proceed without paying filing fees and a prisoner authorization or to pay the $405 in fees required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Montague did not submit the application and prisoner authorization and did not pay the filing fees.
Ruling
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 and denied fee-free status 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.