Jean v. The City of New York
- Laura Swain
- 1:25-cv-06302
- U.S. District Court · Southern District of New York
- 1
In Lesly Jean v. The City of New York, Chief Judge Swain dismissed the complaint without prejudice because Jean neither filed the required authorization nor paid the filing fee.
Lesly Jean's complaint was dismissed without prejudice because Jean did not submit the required prisoner authorization or pay the $405.00 filing fee. The order did not resolve the underlying claims against The City of New York or Doe.
What happened
In Lesly Jean v. The City of New York; Doe, the court had ordered Lesly Jean to complete a prisoner authorization or pay the filing fees needed to bring the civil case.
The order gave Jean thirty days to comply and warned that the complaint would be dismissed if Jean did not. Jean did neither: no authorization was filed, and the $405 fee was not paid.
Chief Judge Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. The court also said an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Jean v. The City of New York · No. 1:25-cv-06302
- Laura Swain
- Oct. 3, 2025
Background
By an order dated August 5, 2025, the Court directed Lesly Jean to submit a completed prisoner authorization or pay the $405.00 filing fee required to file a civil action. The Court warned that failing to comply would result in dismissal of the complaint.
Ruling
The Court found that Jean had not filed the authorization or paid the fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar a later filing, although this order does not address any underlying claims.
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It denied Jean permission to appeal without paying filing fees and directed the clerk to enter judgment. Chief 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.