In re: Ricky Cavener
- Laura Swain
- 1:25-cv-04724
- U.S. District Court · Southern District of New York
- 1
In re: Ricky Cavener: Judge Swain dismissed the action without prejudice after Cavener neither submitted a fee-waiver application nor paid filing fees.
Ricky Cavener's civil action was dismissed without prejudice because he did not submit the required fee-waiver application and prisoner authorization or pay the filing fees.
What happened
In re: Ricky Cavener concerns a civil action that the court had required Ricky Cavener to support with either a completed application to waive filing fees and prisoner authorization or payment of the required fees.
The court’s earlier order gave Cavener 30 days to comply and warned that failing to do so would result in dismissal. Cavener did not submit the application or pay the fees.
The court dismissed the action without prejudice, directed the clerk to enter judgment, and denied fee-waiver status for any appeal. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith.
The detailed version
- In re: Ricky Cavener · No. 1:25-cv-04724
- Laura Swain
- Aug. 21, 2025
Background
By an order dated June 16, 2025, the court directed Ricky Cavener, within 30 days, to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Cavener did not submit the application or pay the filing fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the clerk to enter judgment dismissing the action.
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-waiver status for purposes of an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.