Paguandas v. Rikers Island DOC
- Laura Swain
- 1:25-cv-07064
- U.S. District Court · Southern District of New York
- 1
In Livingston Paguandas v. Rikers Island DOC, Chief Judge Swain dismissed the complaint without prejudice because Paguandas neither paid fees nor submitted required forms.
The dismissal affected Livingston Paguandas's complaint against Rikers Island DOC and Bob Barker Company Inc.; the opinion states that the dismissal was without prejudice.
What happened
In Livingston Paguandas v. Rikers Island DOC; Bob Barker Company Inc., the court required Livingston Paguandas to either submit forms to proceed without paying filing fees or pay the required fees.
The court had given Paguandas 30 days to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay $405 in filing fees. Paguandas did none of these things.
The court dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling. Chief United States District Judge Laura Taylor Swain also denied fee-free status for any appeal and directed the clerk to enter judgment.
The detailed version
- Paguandas v. Rikers Island DOC · No. 1:25-cv-07064
- Laura Swain
- Nov. 10, 2025
Background
By an order dated September 5, 2025, the court directed Livingston Paguandas to do one of two things within 30 days: 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 in the court. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Paguandas did not submit the required application and authorization and did not pay the filing fees. The court therefore dismissed the complaint without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.