UNITED STATES v. THE ORTHO GROUP
- Laura Swain
- 1:25-cv-04049
- U.S. District Court · Southern District of New York
- 1
United States v. The Ortho Group: Judge Swain dismissed the action as frivolous and denied IFP status for any appeal.
The United States and The Ortho Group are affected by dismissal of the action. Plaintiff is also affected by the warning about future fee-free filings and the denial of permission to proceed without paying fees on appeal.
What happened
In UNITED STATES v. THE ORTHO GROUP, the court entered judgment dismissing the action as frivolous under a federal statute governing cases filed without paying court fees. The judgment does not include the reasons from the court’s September 2, 2025 order.
The court warned that if Plaintiff continues abusing the privilege of proceeding without paying fees, it may require Plaintiff to explain why it should not be barred from using that privilege in this court without prior permission.
Judge Swain’s judgment also states that any appeal would not be taken in good faith and denies permission to proceed without paying fees for purposes of an appeal.
The detailed version
- UNITED STATES v. THE ORTHO GROUP · No. 1:25-cv-04049
- Laura Swain
- Sept. 3, 2025
Disposition
The court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The judgment states that the reasons for dismissal are in the court’s order dated September 2, 2025, but that order is not included in the provided text.
Proceeding Without Court Fees
The judgment warns that, if Plaintiff continues to abuse the privilege of proceeding without paying court fees, the court may order Plaintiff to show cause—that is, explain—why Plaintiff should not be barred from proceeding without paying fees in this court without prior permission.
Appeal
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for purposes of an appeal.
Result
The action was dismissed as frivolous, and permission to proceed without paying fees on appeal was denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.