Patterson v. CPS
- Laura Swain
- 1:25-cv-06461
- U.S. District Court · Southern District of New York
- 1
In Patterson v. CPS, Judge Swain dismissed the complaint without prejudice because plaintiffs neither paid filing fees nor submitted fee-waiver applications.
Tyron Patterson and Ty Luis Patterson, whose complaint was dismissed without prejudice after they did not pay the filing fees or submit applications to proceed without paying them.
What happened
In Tyron Patterson; Ty Luis Patterson v. CPS, ET AL., the court had ordered the plaintiffs to pay the $405 filing fee or each submit an application to proceed without paying it. The deadline was thirty days from the court’s August 11, 2025 order.
The plaintiffs did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying the appeal fees and directed the Clerk of Court to enter judgment.
Chief United States District Judge Laura Taylor Swain issued the October 1, 2025 order. The opinion did not address the underlying claims.
The detailed version
- Patterson v. CPS · No. 1:25-cv-06461
- Laura Swain
- Oct. 1, 2025
Background
By an August 11, 2025 order, the court directed Tyron Patterson and Ty Luis Patterson to comply within thirty days with the requirements for filing a civil action. They had to either pay the $405 filing fee or each submit a completed application to proceed without paying the fee. The court warned that failing to comply would result in dismissal.
Ruling
The plaintiffs did not submit the required applications and did not pay the filing fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not address the substance of the plaintiffs’ claims.
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the appellate fees. It also directed the Clerk of Court to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.