Chieves v. President
- Laura Swain
- 1:25-cv-10501
- U.S. District Court · Southern District of New York
- 1
Darrine N. Chieves v. NAC President: Judge Swain dismissed the complaint without prejudice because Chieves neither paid filing fees nor submitted required forms.
Darrine N. Chieves's complaint was dismissed without prejudice; the order also denied Chieves permission to proceed without paying fees on appeal. The opinion does not state any further ruling on the defendants' positions.
What happened
In Darrine N. Chieves v. NAC President, the court ordered Chieves to either pay the fees for filing a civil case or submit forms requesting permission to proceed without paying them.
The order also required a prisoner authorization form and warned that failing to comply within 30 days would lead to dismissal. Chieves did not submit the forms or pay the fees.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the Clerk to enter judgment. She also denied permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Chieves v. President · No. 1:25-cv-10501
- Laura Swain
- July 15, 2026
Background
By an order dated June 9, 2026, the court directed Darrine N. Chieves to submit, within 30 days, a completed request to proceed without paying filing fees and a prisoner authorization form, or to pay the fees required to file a civil action. The court warned that failure to comply would result in dismissal of the complaint.
Failure to Comply
Chieves did not file the request or prisoner authorization and did not pay the filing fees. The opinion cites 28 U.S.C. §§ 1914 and 1915, which address filing fees and permission to proceed without prepaying them.
Ruling
Chief United States District Judge Laura Taylor Swain 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 permission to proceed without paying appellate fees. The court 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.