DeLeon v. Rikers Island DOC
- Laura Swain
- 1:25-cv-07072
- U.S. District Court · Southern District of New York
- 1
In Francisco Deleon v. Rikers Island DOC, Judge Swain dismissed the complaint without prejudice because Deleon neither paid filing fees nor submitted required forms.
Francisco Deleon’s complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization forms or pay the $405 filing fee. His request to proceed without paying fees on appeal was also denied.
What happened
In Francisco Deleon v. Rikers Island DOC; Bob Barker Company, Inc., the court had ordered Francisco Deleon to submit forms requesting permission to proceed without paying filing fees and authorizing deductions from a prisoner account, or to pay the required $405 filing fee.
Deleon did not submit the forms or pay the fee by the deadline. The court’s earlier order warned that failing to comply would lead to dismissal.
Chief United States District Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk of Court to enter judgment. She also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.
The detailed version
- DeLeon v. Rikers Island DOC · No. 1:25-cv-07072
- Laura Swain
- Nov. 13, 2025
Background
By an order dated September 8, 2025, the court directed Plaintiff Francisco Deleon, within 30 days, either to submit a completed application to proceed without paying filing fees and a prisoner authorization or to pay the $405 required filing fee for a civil action. The order stated that failure to comply would result in dismissal of the complaint.
What the Court Decided
Deleon did not submit the application and prisoner authorization and did not pay the filing fee. Chief United States District Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not discuss any other requirements for doing so.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court also directed the Clerk of Court to enter judgment. The opinion does not address the merits of Deleon’s claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.