Kelly v. Miller
- Laura Swain
- 1:25-cv-06763
- U.S. District Court · Southern District of New York
- 1
Shytique Kelly v. Mark Miller: Judge Swain dismissed Kelly’s complaint without prejudice because required filing materials were incomplete.
Shytique Kelly’s complaint was dismissed without prejudice because the required filing materials were incomplete. The order also denied fee-waiver status for any appeal and did not decide the claims against Mark Miller.
What happened
In Shytique Kelly v. Mark Miller, the court had required Shytique Kelly to submit a completed request to proceed without paying filing fees and a required authorization, or pay the $405 filing fee. Kelly submitted the fee-waiver request, but not the authorization, and the request was largely blank.
The court dismissed the complaint without prejudice, meaning it was not permanently barred from being filed again. The court also directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain further ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal. The order did not address the underlying claims.
The detailed version
- Kelly v. Miller · No. 1:25-cv-06763
- Laura Swain
- Oct. 23, 2025
Background
By an order dated August 21, 2025, the court directed Plaintiff Shytique Kelly, within 30 days, to either submit a completed application to proceed without paying the filing fee and a prisoner authorization or pay the $405 required to file a civil action. The earlier order warned that failing to comply would result in dismissal.
Kelly submitted an application to proceed without paying the filing fee, but did not submit the prisoner authorization. The court also found that the application was largely blank.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of Kelly’s claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.