Melo v. Eastchester Union Free School District
- Laura Swain
- 1:25-cv-06858
- U.S. District Court · Southern District of New York
- 2
In Luciana Melo v. Eastchester Union Free School District, Chief Judge Swain dismissed the complaint without prejudice after Melo missed required filing steps.
Luciana Melo's complaint against Eastchester Union Free School District and Judith T. Kramer was dismissed without prejudice because she did not complete the required filing steps.
What happened
In Luciana Melo v. Eastchester Union Free School District, the court had ordered Melo to either submit an application to proceed without paying filing fees or pay the required $405 filing fee. The court also required her to provide an original signature and a mailing address.
Melo did not complete any of those requirements within the time allowed. The court therefore dismissed her complaint without prejudice, meaning the dismissal does not bar refiling. The court also directed the Clerk of Court to enter judgment.
Chief United States District Judge Laura Taylor Swain additionally ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Melo v. Eastchester Union Free School District · No. 1:25-cv-06858
- Laura Swain
- Oct. 9, 2025
Background
On August 26, 2025, the court directed Luciana Melo, within 30 days, to submit an application to proceed without paying filing fees or pay the $405 required filing fee. The court also required Melo to submit an original signature and provide a mailing address. The earlier order warned that failing to comply would result in dismissal of the complaint.
The opinion states that Melo did not submit the fee-waiver application, pay the filing fee, provide an original signature, or provide a mailing address. Because she did not comply with the court's requirements, the Clerk of Court was unable to mail or email her a copy of the earlier order. The court had directed the Clerk to provide that order if Melo appeared at the court's Pro Se Intake window.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The court directed the Clerk of Court to enter judgment. The order was issued by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.