Roldan v. Nick
- Laura Swain
- 1:25-cv-05412
- U.S. District Court · Southern District of New York
- 1
In Brendalis Roldan v. Mr. Nick, Judge Swain dismissed the complaint without prejudice after Roldan neither paid filing fees nor submitted an IFP application.
Brendalis Roldan’s complaint was dismissed without prejudice because Roldan did not submit the required application to proceed without paying filing fees or pay the filing fees. Permission to appeal without paying fees was also denied.
What happened
In Brendalis Roldan v. Mr. Nick, the court had ordered Brendalis Roldan to submit an application to proceed without paying filing fees or pay the required filing fees within 30 days.
Roldan did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The opinion does not address the underlying claims.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, stating that any appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Roldan v. Nick · No. 1:25-cv-05412
- Laura Swain
- Aug. 27, 2025
Background
By an order dated July 8, 2025, the court directed Brendalis Roldan to submit a completed application to proceed without paying filing fees, or to pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Roldan did not submit the application or pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims.
The court 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. It also directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.