John Doe Running Bear et al v. City of Middletown, N.Y. et al
- Laura Swain
- 1:25-cv-08328
- U.S. District Court · Southern District of New York
- 4
John Doe Running Bear v. City of Middletown; Judge Swain ordered payment or a fee-waiver application within 30 days before the case proceeds.
The plaintiff identified in the order as Mark Marvin must either pay $405 or submit a signed application to proceed without prepaying fees within 30 days. The case will be dismissed if the plaintiff does not comply, and no summons will issue before compliance.
What happened
In John Doe Running Bear et al v. City of Middletown, N.Y. et al, the plaintiff submitted a complaint without paying the required fees or filing an application to proceed without prepaying them. The order identifies the person bringing the action as Mark Marvin, while the caption lists John Doe Running Bear et al.; the opinion does not explain the difference.
The plaintiff must, within 30 days of the October 21, 2025 order, either pay $405 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons will issue yet. If the plaintiff does not comply, the action will be dismissed.
Judge Laura Taylor Swain directed the plaintiff to pay the fees or submit the application, and denied fee-waiver status for any appeal because the court certified that an appeal would not be taken in good faith. The order did not decide the claims’ merits.
The detailed version
- John Doe Running Bear et al v. City of Middletown, N.Y. et al · No. 1:25-cv-08328
- Laura Swain
- Oct. 21, 2025
Background
The caption names John Doe Running Bear et al. as plaintiffs and City of Middletown, N.Y. et al. as defendants. The order states that Mark Marvin is bringing the action without a lawyer. The opinion does not explain the difference between the caption and the name used in the body of the order.
The plaintiff submitted a complaint without paying the required fees and without submitting an application to proceed without prepaying fees. The court stated that the required amount is $405: a $350 filing fee and a $55 administrative fee.
Order
Within 30 days of the order, the plaintiff must either pay the $405 or submit the attached, signed application to proceed without prepaying fees, commonly called an IFP application. If the court grants that application, the plaintiff may proceed without paying the fees in advance. The application should include docket number 25-CV-8328 (LTS).
No summons will issue at this time. If the plaintiff complies, the Clerk’s Office will process the case under its procedures. If the plaintiff does not comply within the allowed time, the action will be dismissed.
Disposition
Judge Laura Taylor Swain ordered the plaintiff to pay the fees or submit the fee-waiver application. 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 and denied IFP status for purposes of an appeal. This order addressed filing requirements and did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.