Zhu v. Driscoll
- Laura Swain
- 1:25-cv-04893
- U.S. District Court · Southern District of New York
- 1
In Zhu v. Driscoll, Judge Swain dismissed the complaint without prejudice after Zhu neither paid filing fees nor submitted an application to proceed without fees.
Yin Xu Zhu's complaint was dismissed without prejudice, and permission to appeal without paying fees was denied. The Clerk of Court was directed to enter judgment.
What happened
In Zhu v. Driscoll, the court ordered Yin Xu Zhu to submit an application to proceed without paying fees or pay the $405 filing fee within 30 days. The order warned that failing to do so would result in dismissal.
Zhu did not submit the application or pay the fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal does not bar refiling.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also ruled that any appeal would not be taken in good faith and denied Zhu permission to appeal without paying the required fees.
The detailed version
- Zhu v. Driscoll · No. 1:25-cv-04893
- Laura Swain
- Aug. 15, 2025
Background
On June 17, 2025, the Court directed Plaintiff Yin Xu Zhu, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405.00 filing fee required to bring a civil action in the court. The order stated that failure to comply would result in dismissal of the complaint.
Ruling
Zhu did not submit the application or pay the filing fee. The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The Court also directed the Clerk of Court to enter judgment.
Appeal
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.