DeJesus v. TAPIA
- Laura Swain
- 1:24-cv-06448
- U.S. District Court · Southern District of New York
- 1
In ALEX DeJESUS v. P.O. TAPIA, Judge Swain dismissed the complaint after DeJESUS failed to amend it and denied fee-free appeal status.
ALEX DeJESUS's complaint was dismissed because no amended complaint was filed, and permission to appeal without paying the filing fee was denied. The order does not state any additional relief involving P.O. TAPIA.
What happened
In ALEX DeJESUS v. P.O. TAPIA, the court had ordered ALEX DeJESUS to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
DeJESUS did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing complaints filed without paying filing fees.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied DeJESUS permission to appeal without paying filing fees.
The detailed version
- DeJesus v. TAPIA · No. 1:24-cv-06448
- Laura Swain
- Oct. 6, 2025
Background
On June 13, 2025, the court ordered ALEX DeJESUS to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. DeJESUS did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without paying the filing fee, a status commonly called proceeding in forma pauperis. The order does not describe the underlying claims or decide their merits.
Appeal-related ruling
The court 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 permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.