Reyes v. City of New York
- Laura Swain
- 1:23-cv-00541
- U.S. District Court · Southern District of New York
- 1
In Reyes v. City of New York, Chief Judge Swain dismissed the complaint without prejudice because Reyes neither paid filing fees nor submitted required forms.
Dequan Reyes's complaint was dismissed without prejudice because he did not submit the required fee-waiver materials or pay the filing fee. The ruling ended this case without deciding the claims against the City of New York or the other defendants.
What happened
In Reyes v. City of New York, the court had ordered Dequan Reyes to submit forms requesting permission to proceed without paying filing fees and authorizing payment from a prisoner account, or to pay the required $402 in fees. The order warned that failing to do so would result in dismissal.
Reyes did not submit the required forms or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The opinion did not decide the claims against the City of New York or the other defendants.
The detailed version
- Reyes v. City of New York · No. 1:23-cv-00541
- Laura Swain
- Mar. 7, 2023
Background
By an order dated January 27, 2023, the court directed Dequan Reyes to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, along with the required prisoner authorization, or pay the $402 filing fee for a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Ruling
Reyes did not submit the application and authorization or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion therefore did not reach the merits of Reyes's claims against the City of New York or the other defendants.
The court 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 of Court was directed to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.