Doe v. 142 Garth Road Owners
- Nelson Roman
- 7:25-cv-07940
- U.S. District Court · Southern District of New York
- 4
In Jane Doe v. 142 Garth Road Owners, Judge Swain ordered fees or a no-prepayment application within 30 days and denied no-prepayment status for an appeal.
Jane Doe, whose case must satisfy the fee-payment or fee-application requirement before it proceeds; the action may be dismissed if she does not comply within 30 days.
What happened
In Jane Doe v. 142 Garth Road Owners, Inc. et al., Jane Doe filed a civil action without a lawyer but did not pay the required fees or submit an application to proceed without prepaying them.
The court ordered Jane Doe, within 30 days, either to pay $405 in filing and administrative fees or submit the attached application. No summons will issue yet, and the case will be processed if she complies. If she does not comply on time, the action will be dismissed.
Judge Laura Taylor Swain also stated that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court said it would decide Jane Doe’s request to proceed under a pseudonym later.
The detailed version
- Doe v. 142 Garth Road Owners · No. 7:25-cv-07940
- Nelson Roman
- Sept. 29, 2025
Background
Jane Doe brought the action without a lawyer. The complaint was submitted without the required fees and without an application to proceed without prepaying fees. The order refers to the plaintiff as “Jane Doe” only for purposes of that order and states that the court will later decide the plaintiff’s motion to proceed under a pseudonym.
Court’s Order
The court explained that a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application to proceed in forma pauperis (without prepaying court fees). The court directed Jane Doe, within 30 days of the order, to choose one of those options. If she submits the application, it must identify docket number 25-CV-7940 (LTS). If the court grants the application, she may proceed without prepaying the fees.
The court ordered that no summons issue at this time. It stated that the case will be processed under the Clerk’s Office procedures if Jane Doe complies, and that the action will be dismissed if she does not comply within the allowed period.
Appeal and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order directs the Clerk of Court to serve it on Jane Doe by email. It does not itself dismiss the action.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.