Rogers v. NYU
- Laura Swain
- 1:25-cv-02346
- U.S. District Court · Southern District of New York
- 1
In Rogers v. NYU, Chief Judge Swain dismissed the action without prejudice because Rogers neither filed an IFP application nor paid the required fee.
Joshua Rogers's action against NYU was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee.
What happened
Rogers v. NYU was an action brought by Joshua Rogers against NYU in the Southern District of New York.
The court had ordered Rogers to submit a completed application to proceed without paying filing fees or to pay the $405 filing fee within 30 days. Rogers did neither.
The court dismissed the action without prejudice and directed the Clerk to enter judgment. Chief Judge Laura Taylor Swain also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Rogers v. NYU · No. 1:25-cv-02346
- Laura Swain
- Aug. 20, 2025
Background
On March 27, 2025, the court ordered Joshua Rogers, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 required fee for filing a civil action. The order warned that failure to comply would result in dismissal. Rogers did not submit the application or pay the fee.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal does not itself bar a future filing. The court directed the Clerk of Court to enter judgment dismissing the action for the reason stated in the order.
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 purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.