Jason Smith v. Department of Corrections and Community Supervision
- Laura Swain
- 1:26-cv-04158
- U.S. District Court · Southern District of New York
- 1
In Jason Smith v. Department of Corrections, Chief Judge Swain dismissed the complaint without prejudice because Smith neither paid fees nor submitted required forms.
Jason Smith's complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization documents or pay the filing fees. The opinion does not state what claims the complaint raised.
What happened
In Jason Smith v. Department of Corrections and Community Supervision, the court had ordered Jason Smith to submit forms requesting permission to proceed without paying filing fees, provide prisoner authorization, or pay the required fees.
Smith did none of those things within the thirty-day deadline set by the court. The opinion does not describe the claims in the complaint.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice and directed the clerk to enter judgment. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Jason Smith v. Department of Corrections and Community Supervision · No. 1:26-cv-04158
- Laura Swain
- July 20, 2026
Background
On June 16, 2026, the court ordered Jason Smith, within thirty days, either to submit a completed application to proceed without prepaying filing fees and a required prisoner authorization or to pay the fees required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Smith did not submit the application and prisoner authorization and did not pay the required fees. 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 a later filing, although the opinion does not explain what further steps would be required.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.