Reyes v. Gomez
- Laura Swain
- 1:22-cv-08421
- U.S. District Court · Southern District of New York
- 1
In Reyes v. Gomez, Judge Swain dismissed the action without prejudice because Reyes neither paid the required fees nor filed authorization.
Juan D. Reyes’s action against Loidairis Gomez was dismissed without prejudice. Reyes was also denied permission to proceed without prepaying fees for an appeal.
What happened
In Reyes v. Gomez, the court had ordered Juan D. Reyes to submit a completed prisoner authorization or pay the $402 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Reyes did neither. The court dismissed the action without prejudice, meaning the dismissal did not bar a later filing. The court also directed the clerk to enter judgment.
Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied Reyes permission to proceed without paying the fees for an appeal.
The detailed version
- Reyes v. Gomez · No. 1:22-cv-08421
- Laura Swain
- Dec. 6, 2022
Background
By an order dated October 4, 2021, the Court directed Juan D. Reyes to submit a completed prisoner authorization within 30 days or pay the $402.00 required filing fee for a civil action. The order stated that failure to comply would result in dismissal. Reyes did not submit the authorization or pay the fee.
Ruling
The Court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the order did not state that Reyes was barred from filing the matter again. The Court directed the Clerk of Court to enter judgment.
Appeal
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Reyes permission to proceed without prepaying the fees for an appeal.
Classification
This is a procedural order because the Court dismissed the action for failure to complete the required filing-fee or prisoner-authorization step and did not decide the underlying legal issues.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.