Vasquez v. Sanchez
- Laura Swain
- 1:25-cv-05256
- U.S. District Court · Southern District of New York
- 2
In Kim Vasquez v. Eddie Sanchez, Judge Swain dismissed the complaint without prejudice because Vasquez neither paid filing fees nor submitted an IFP application.
Kim Vasquez’s complaint was dismissed without prejudice for failure to pay the filing fee or submit an application to proceed without paying it. The court also denied fee-free status for any appeal.
What happened
Kim Vasquez sued Eddie Sanchez in the Southern District of New York. The court ordered Vasquez to submit an application to proceed without paying filing fees or to pay the required $405 fee.
Vasquez did neither within the required thirty days. Although the court remailed the order after Vasquez reported a new address, the mailing was returned as undeliverable, and Vasquez did not contact the court after July 8, 2025.
Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. Judge Swain also denied fee-free status for any appeal after finding that an appeal would not be taken in good faith.
The detailed version
- Vasquez v. Sanchez · No. 1:25-cv-05256
- Laura Swain
- Oct. 3, 2025
Background
The court had directed Kim Vasquez to submit a completed application to proceed without paying filing fees or to pay the $405 fee required to file a civil action. The June 30, 2025 order stated that failing to comply would result in dismissal of the complaint.
Vasquez filed a change of address on July 8, 2025. Because the June 30 order had been mailed before that change, the Clerk’s Office mailed the order again to the new address. The second mailing was returned to the court as undeliverable on July 29, 2025. The opinion states that Vasquez did not submit the application, pay the fee, or communicate with the court after July 8, 2025.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.