In re: Javier Pereira
- Laura Swain
- 1:25-cv-04518
- U.S. District Court · Southern District of New York
- 1
In re: Javier Pereira: Judge Swain dismissed the action without prejudice because Pereira neither filed an application to proceed without paying fees nor paid the filing fees.
Javier Pereira’s action was dismissed without prejudice because he did not submit the required fee-waiver application or pay the $405 filing fee. The court also denied fee-free appeal status.
What happened
In re: Javier Pereira began after the court ordered Javier Pereira to submit an application to proceed without paying filing fees and a prisoner authorization, or pay the required fees.
The court’s earlier order gave Pereira 30 days to comply and warned that failing to do so would lead to dismissal. Pereira did not submit the application or pay the fees.
Judge Swain dismissed the action without prejudice and directed the clerk to enter judgment. The court also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- In re: Javier Pereira · No. 1:25-cv-04518
- Laura Swain
- Aug. 21, 2025
Background
On June 10, 2025, the court ordered Javier Pereira to submit a completed application to proceed without paying filing fees, along with a required prisoner authorization, or to pay the $405 filing fee for a civil action. The order warned that failure to comply within 30 days would result in dismissal.
What the Court Decided
Pereira did not submit the application or pay the filing fee. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal does not itself bar a later filing.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Finally, it directed the clerk to enter judgment dismissing the action for the reason stated in the order.
Classification
This is a procedural order because the court dismissed the action for failure to satisfy filing-fee or fee-waiver requirements without reaching the underlying legal claims. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.