Deltoro v. Department of Social Services
- Laura Swain
- 1:25-cv-05445
- U.S. District Court · Southern District of New York
- 1
Deltoro v. Department of Social Services: Judge Swain dismissed the complaint without prejudice after plaintiffs neither paid filing fees nor submitted fee-waiver applications.
Maria Deltoro and Kathy Deltoro were affected because their complaint was dismissed without prejudice, and their request to proceed without paying fees on appeal was denied.
What happened
In Deltoro v. Department of Social Services, the court ordered Maria Deltoro and Kathy Deltoro to pay the $405 filing fee or each submit an application to proceed without paying it.
The plaintiffs did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning it did not bar a later filing. The court also denied their ability to proceed without paying fees on appeal.
Chief Judge Laura Taylor Swain issued the order and directed that judgment be entered.
The detailed version
- Deltoro v. Department of Social Services · No. 1:25-cv-05445
- Laura Swain
- Aug. 12, 2025
Background
By an order dated July 1, 2025, the court directed Maria Deltoro and Kathy Deltoro, within thirty days, either to pay the $405 filing fee required to begin a civil action or each submit a completed application to proceed without paying the filing fee. The order warned that failure to comply would result in dismissal.
The plaintiffs did not submit the applications or pay the filing fee.
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 an appeal would not be taken in good faith and denied the plaintiffs permission to proceed without paying fees for an appeal. Judgment was ordered to be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.