In re: Devin Dyer
- Laura Swain
- 1:25-cv-05586
- U.S. District Court · Southern District of New York
- 2
In re: Devin Dyer: Judge Swain dismissed the action without prejudice after Dyer failed to pay fees, complete required forms, or sign the complaint.
Devin Dyer and this action; the action was dismissed without prejudice, and permission to appeal without paying fees was denied.
What happened
In In re: Devin Dyer, the court required Devin Dyer to either pay the $405 filing fees or submit paperwork requesting permission to proceed without paying them.
The court also required Dyer to submit an original signature page for his complaint. He did not submit the required paperwork, pay the fees, or provide the signed page.
Judge Laura Taylor Swain dismissed the action without prejudice and directed the Clerk of Court to enter judgment. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- In re: Devin Dyer · No. 1:25-cv-05586
- Laura Swain
- Oct. 10, 2025
Background
By orders dated July 25, 2025, the Court directed Devin Dyer to comply with two requirements within 30 days. First, he had to submit a completed application to proceed without paying the filing fees, along with prisoner authorization, or pay the $405 required to file a civil action. Second, he had to submit the complaint’s signature page with an original signature. Both orders stated that failing to comply would result in dismissal.
Failure to Comply
The Court found that Dyer had not submitted the application or prisoner authorization, had not paid the filing fees, and had not submitted a signed signature page.
Ruling
The Court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915 and Federal Rule of Civil Procedure 11(a). The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the Clerk of Court to enter judgment dismissing the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.