In re: Jayson De La Rosa
- Laura Swain
- 1:25-cv-04756
- U.S. District Court · Southern District of New York
- 1
In re: Jayson De La Rosa was dismissed without prejudice for failing to pay filing fees or submit required forms, Judge Swain ruled.
Jayson De La Rosa, whose action was dismissed without prejudice after he did not submit the required filing-fee waiver materials or pay the filing fees; permission to proceed without paying fees on appeal was also denied.
What happened
In re: Jayson De La Rosa began after the court ordered Jayson De La Rosa to submit a completed request to proceed without paying filing fees and a prisoner authorization, or to pay the required $405 in fees. The deadline was 30 days.
Jayson De La Rosa did not submit the required request or pay the fees. The court had warned that failing to comply would result in dismissal.
Judge Laura Taylor Swain dismissed the action without prejudice. She also denied permission to proceed without paying fees on appeal, finding that any appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- In re: Jayson De La Rosa · No. 1:25-cv-04756
- Laura Swain
- Aug. 20, 2025
Background
The court had previously ordered Jayson De La Rosa, within 30 days, to either submit a completed application to proceed without paying filing fees and a required prisoner authorization, or pay the $405 filing fees for a civil action. The earlier order warned that failure to comply would result in dismissal.
Court’s Ruling
Because Jayson De La Rosa did not submit the application or prisoner authorization and did not pay the filing fees, 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.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal. The court directed the clerk 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.