In re: Derick Castellano
- Laura Swain
- 1:25-cv-04526
- U.S. District Court · Southern District of New York
- 1
In re: Derick Castellano, Judge Swain dismissed the action without prejudice because Castellano neither paid filing fees nor submitted an IFP application.
Derick Castellano and this action.
What happened
In re: Derick Castellano concerns the plaintiff’s failure to meet the court’s filing requirements. The court had required him to submit a completed request to proceed without paying filing fees and prisoner authorization, or to pay the required fees.
The court’s earlier order warned that failing to comply would result in dismissal. Castellano did not submit the request or pay the fees.
Judge Swain dismissed the action without prejudice. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- In re: Derick Castellano · No. 1:25-cv-04526
- Laura Swain
- Aug. 20, 2025
Background
By an order dated June 10, 2025, the court directed Derick Castellano to do one of two things within 30 days: submit a completed application to proceed without paying the filing fees, along with prisoner authorization, or pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal.
Castellano did not submit the application or pay the fees.
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 refiling, although the opinion does not describe any requirements for a future filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an 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 dismissing the action for the reason stated in the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.