Peralta v. Doe
- Laura Swain
- 1:25-cv-07992
- U.S. District Court · Southern District of New York
- 1
In David Peralta v. Doe, Judge Swain dismissed the complaint without prejudice after Peralta failed to pay fees or submit required forms.
David Peralta's complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fees. Permission to appeal without paying fees was also denied.
What happened
In David Peralta v. Doe, the court had ordered David Peralta to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required fees.
Peralta did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees.
Judge Laura Taylor Swain ordered the Clerk of Court to enter judgment and certified that any appeal would not be taken in good faith.
The detailed version
- Peralta v. Doe · No. 1:25-cv-07992
- Laura Swain
- Dec. 1, 2025
Background
On October 3, 2025, the court directed David Peralta to do one of two things within thirty days: submit a completed application requesting permission to proceed without prepaying the filing fee and a prisoner authorization, or pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Peralta did not submit the application and prisoner authorization and did not pay the required fees. The court therefore 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. Judge Laura Taylor Swain 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.