Donnay v. Phillips
Dominique Francis Donnay, Sr. v. C.O. Phillips; C.O. Zach; C.O. Foley; Seargent A. Rodgers; Seargent Walters
- Laura Swain
- 1:25-cv-05262
- U.S. District Court · Southern District of New York
- 1
In Donnay v. Phillips, Judge Swain dismissed the complaint without prejudice after Donnay neither submitted prisoner authorization nor paid the required filing fee.
Dominique Francis Donnay, Sr.'s complaint was dismissed without prejudice; the named defendants were not required to litigate the underlying claims in this order.
What happened
In Dominique Francis Donnay, Sr. v. C.O. Phillips and the other named defendants, the court required Donnay to complete a prisoner authorization or pay the filing fees before the case could proceed.
The court had given Donnay 30 days to comply. He did not submit the authorization or pay the required $405 in fees.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, denied permission to appeal without prepaying fees, and directed the clerk to enter judgment.
The detailed version
- Donnay v. Phillips · No. 1:25-cv-05262
- Laura Swain
- Aug. 29, 2025
Background
On June 27, 2025, the court ordered Dominique Francis Donnay, Sr. to submit a completed prisoner authorization within 30 days or pay the $405 in fees required to file a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Court’s action
Donnay did not file the prisoner authorization and did not pay the required fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the allegations or the underlying legal claims.
Disposition
Chief United States District Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying the fees. The court also directed the clerk to enter judgment. The dismissal was without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.