Jordan v. Doe
- Laura Swain
- 1:25-cv-06857
- U.S. District Court · Southern District of New York
- 1
In David Jordan v. John Doe, Judge Swain granted Jordan’s withdrawal request, dismissed the complaint, and denied fee-free appeal status.
David Jordan’s lawsuit was dismissed at his request. The order also addressed the filing fee and any previously authorized deductions from his prison trust account, and denied him permission to appeal without paying fees.
What happened
In David Jordan v. John Doe, David Jordan told the court that he wanted to withdraw his complaint.
The court granted that request and dismissed the case under Rule 41(a) of the Federal Rules of Civil Procedure. The clerk was told not to charge Jordan the $350 filing fee, and the official responsible for his custody was told to suspend any previously authorized deductions from his prison trust account for this lawsuit.
Judge Laura Taylor Swain ruled that any appeal would not be taken in good faith and denied Jordan permission to proceed without paying appeal fees.
The detailed version
- Jordan v. Doe · No. 1:25-cv-06857
- Laura Swain
- Dec. 1, 2025
Background
On November 17, 2025, the court received a letter from David Jordan stating that he wanted to withdraw his complaint.
Ruling
The court granted Jordan’s request to withdraw the action and dismissed the complaint under Rule 41(a) of the Federal Rules of Civil Procedure, which governs voluntary dismissal. The opinion does not add a “with prejudice” or “without prejudice” designation.
The clerk was directed not to charge Jordan the $350 filing fee for the action. The warden or superintendent having custody of Jordan was directed to suspend any previously authorized monetary deduction from Jordan’s prison trust account for this lawsuit.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Jordan permission to proceed without paying the required fees for an appeal. 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.