Shany v. Tinsley
- Laura Swain
- 1:25-cv-08040
- U.S. District Court · Southern District of New York
- 1
In Gabriel Bar Shany v. Chris Tinsley, Chief Judge Swain dismissed the complaint without prejudice because plaintiffs neither paid filing fees nor submitted applications to proceed without paying.
The plaintiffs, whose complaint was dismissed without prejudice for failing to pay the filing fee or submit applications to proceed without paying it.
What happened
Gabriel Bar Shany, et al. v. Chris Tinsley, et al. was dismissed after the plaintiffs did not follow the court’s instruction about filing fees.
The court had given the plaintiffs thirty days to either pay the required $405 filing fee or submit completed applications to proceed without paying the fee. The plaintiffs did neither.
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. She also denied the plaintiffs 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
- Shany v. Tinsley · No. 1:25-cv-08040
- Laura Swain
- Oct. 31, 2025
Background
By an order dated September 29, 2025, the court directed the plaintiffs to submit completed requests to proceed without paying filing fees or to pay the $405 required fee for a civil action. The order warned that failing to comply would result in dismissal.
The plaintiffs did not submit the required applications or pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. 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. 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.