Bior v. GUAMAN
- Laura Swain
- 1:25-cv-06000
- U.S. District Court · Southern District of New York
- 1
In AQAW D. BIOR v. QUINTUNA GUAMAN, Judge Swain dismissed the complaint without prejudice after plaintiff failed to pay filing fees or submit required forms.
AQAW D. BIOR, whose complaint was dismissed without prejudice after the required filing-fee materials were not submitted and the filing fee was not paid.
What happened
In AQAW D. BIOR v. QUINTUNA GUAMAN, the court had ordered the plaintiff to submit a completed request to proceed without paying the filing fee and a required prisoner authorization, or to pay the $405 filing fee. The deadline was 30 days, and the order warned that failing to comply would lead to dismissal.
The plaintiff did not submit the required documents or pay the fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal does not itself bar refiling. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Bior v. GUAMAN · No. 1:25-cv-06000
- Laura Swain
- Oct. 3, 2025
Background
The court had previously ordered AQAW D. BIOR, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $405 required fee for filing a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
Court’s Ruling
The plaintiff did not file the application or prisoner authorization and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to enter judgment.
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 proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.