Khan v. Commissioner of DOCCS Daniel F. Martuscello III
- Laura Swain
- 1:25-cv-07095
- U.S. District Court · Southern District of New York
- 1
In Shahab Khan v. Martuscello, Judge Swain dismissed the action without prejudice because Khan neither paid filing fees nor submitted required forms.
Shahab Khan's action was dismissed without prejudice because he did not submit the required forms or pay the filing fees. The court also denied permission to appeal without paying fees.
What happened
In Shahab Khan v. Commissioner of DOCCS Daniel F. Martuscello III, the court had ordered Shahab Khan to submit forms requesting permission to proceed without paying the filing fee or to pay the required $405 fee.
Khan did neither within the required 30 days. The court therefore dismissed the action without prejudice, meaning the dismissal itself does not bar refiling.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Khan v. Commissioner of DOCCS Daniel F. Martuscello III · No. 1:25-cv-07095
- Laura Swain
- Oct. 29, 2025
Background
By an August 28, 2025 order, the court directed Shahab Khan, within 30 days, either to submit a completed application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $405 in fees required to file a civil action. The order warned that failure to comply would result in dismissal.
What the Court Did
Khan did not submit the application and authorization and did not pay the filing fees. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that an 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. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.