Torres v. Doe
- Laura Swain
- 1:25-cv-04972
- U.S. District Court · Southern District of New York
- 1
In Alexis Torres v. Doe, Chief Judge Swain dismissed the complaint without prejudice because Torres did not complete required filing steps.
Alexis Torres's civil complaint was dismissed without prejudice because he did not pay the filing fee or submit the required application, authorization, and signed complaint.
What happened
In Alexis Torres v. Doe, the court had ordered Torres to either submit a request to proceed without paying filing fees and a required prisoner authorization, or pay the $405 filing fee. The court also required a signed complaint.
Torres did not submit the request and authorization, pay the fee, or file a signed complaint by the deadline set by the court. The earlier order warned that failing to comply would result in dismissal.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. She also denied Torres permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Torres v. Doe · No. 1:25-cv-04972
- Laura Swain
- Aug. 18, 2025
Background
By an order dated June 18, 2025, the Court directed Plaintiff Alexis Torres, within 30 days, to do one of the following: submit a completed application to proceed without prepaying filing fees and a prisoner authorization, or pay the $405 required to file a civil action. The Court also directed Torres to file a signed copy of the complaint. The order warned that failure to comply would result in dismissal.
Failure to Comply
Torres did not submit the application and prisoner authorization, did not pay the filing fee, and did not file a signed complaint. The opinion does not address the underlying allegations or legal merits of the complaint.
Ruling
Chief United States District Judge Laura Taylor Swain 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 permission to appeal without paying fees. The Court directed the Clerk of Court to enter judgment. Because the dismissal was based on failure to complete required filing steps rather than the merits of the claims, this is a procedural order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.