Delacruz v. The State of New York
- Laura Swain
- 1:21-cv-04220
- U.S. District Court · Southern District of New York
- 1
Delacruz v. The State of New York was dismissed without prejudice after Plaintiff failed to pay filing fees or submit required forms, ruled Judge Swain.
Danny Delacruz's complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. His request to proceed without paying appeal fees was also denied.
What happened
In Delacruz v. The State of New York, the court had ordered Danny Delacruz to submit an application to proceed without paying the filing fee and a required prisoner authorization, or pay the $400 filing fee.
Delacruz did not submit the required forms or pay the fees within the time allowed. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.
The detailed version
- Delacruz v. The State of New York · No. 1:21-cv-04220
- Laura Swain
- June 14, 2021
Background
The court had previously ordered Danny Delacruz to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $400 in fees required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Delacruz did not submit the application or prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying the fees for an appeal. The Clerk of Court was directed to mail the order to Delacruz and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.