Scott v. Rikers Island DOC
- Laura Swain
- 1:25-cv-07068
- U.S. District Court · Southern District of New York
- 1
In Scott v. Rikers Island DOC, Judge Swain dismissed the complaint without prejudice because Scott neither paid filing fees nor submitted required forms.
Ashaunte Scott’s complaint was dismissed without prejudice for failure to submit the required fee-waiver and prisoner-authorization forms or pay the $405 filing fee. The court also denied fee-free appeal status.
What happened
In Ashaunte Scott v. Rikers Island DOC; Bob Barker Company, Inc., the court had ordered Scott to submit an application to proceed without paying the filing fee and a prisoner authorization, or pay the required $405 in fees.
The court’s earlier order gave Scott 30 days to comply and warned that the complaint would be dismissed if Scott did not. Scott did not submit the required forms or pay the fees.
The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. Judge Laura Taylor Swain also denied Scott permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
The detailed version
- Scott v. Rikers Island DOC · No. 1:25-cv-07068
- Laura Swain
- Nov. 13, 2025
Background
On September 8, 2025, the Court directed Plaintiff 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 order stated that failure to comply would result in dismissal of the complaint.
Compliance with the Filing Order
The opinion states that Plaintiff did not submit the application and prisoner authorization and did not pay the required fees.
Ruling
The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of the complaint. The Court also certified under 28 U.S.C. § 1915(a)(3) that any 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.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.