Torres v. DuBois
- Laura Swain
- 1:22-cv-00209
- U.S. District Court · Southern District of New York
- 2
In Torres v. DuBois, Judge Swain dismissed Ricardo D. Torres’s complaint without prejudice after he did not pay filing fees or submit an IFP request.
The dismissal ended Ricardo D. Torres’s complaint at this stage without prejudice because he did not comply with the court’s filing-fee or fee-waiver instructions. The order did not decide the underlying claims against the defendants.
What happened
In Torres v. DuBois, the court had ordered Ricardo D. Torres to pay the required filing fees or submit a completed request to proceed without paying them.
The order was returned because Torres was reportedly no longer in custody. He did not follow the court’s instructions, update his mailing address, or contact the court further.
Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied Torres permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Torres v. DuBois · No. 1:22-cv-00209
- Laura Swain
- Mar. 4, 2022
Background
Ricardo D. Torres filed a complaint against Carl DuBOIS, Orange County Sheriff, and other defendants. The opinion does not describe the complaint’s underlying claims.
By order dated January 12, 2022, the court directed Torres, within 30 days, either to pay the $402 filing fee required to bring a civil action or to submit a completed request to proceed without paying the fee. The court warned that failing to comply would result in dismissal.
Reason for Dismissal
The January 12 order was returned to the court on February 2, 2022, with a notation that Torres was no longer in custody. The clerk’s office resent the order, but that mailing was also returned on March 3, 2022. Torres did not comply with the order, notify the court of a change in mailing address, or contact the court further.
Ruling
Judge Laura Taylor Swain dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order 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. The clerk was directed to mail Torres a copy of the order and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.