Myers v. Deputy O’Banner
- Laura Swain
- 1:25-cv-05644
- U.S. District Court · Southern District of New York
- 1
In Gregory P. Myers v. Deputy O’Banner, Chief Judge Swain dismissed the complaint without prejudice after Myers neither paid filing fees nor submitted prisoner authorization.
Gregory P. Myers’s complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fees. The order did not resolve the claims against Deputy O’Banner or the other defendants.
What happened
In Gregory P. Myers v. Deputy O’Banner, the court had ordered Myers to submit a completed prisoner authorization or pay the required filing fees within 30 days. The order warned that failing to do so would result in dismissal.
Myers did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court did not decide the underlying claims against Deputy O’Banner or the other defendants.
Chief Judge Laura Taylor Swain also denied Myers permission to appeal without paying fees, finding that an appeal would not be taken in good faith. The Clerk of Court was directed to enter judgment.
The detailed version
- Myers v. Deputy O’Banner · No. 1:25-cv-05644
- Laura Swain
- Sept. 2, 2025
Background
In an order dated July 14, 2025, the court directed Gregory P. Myers to submit a completed prisoner authorization or pay the $405 filing fee required to begin a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Court’s Ruling
The court found that Myers had not submitted the authorization or paid the fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of Myers’s claims against Deputy O’Banner or the other defendants.
The court also 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 the required fees. The court 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.