Diaz v. The New York State Committed a Crime against the United States or…
Diaz v. The New York State Committed a Crime against the United States or Against the Citizen of the United States
- Laura Swain
- 1:23-cv-03215
- U.S. District Court · Southern District of New York
- 2
Diaz v. The New York State Committed a Crime, Judge Swain dismissed the complaint without prejudice because Diaz neither paid filing fees nor submitted required forms.
Gilberto Diaz’s complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. His request to appeal without paying fees was also denied.
What happened
In Gilberto Diaz v. The New York State Committed a Crime Against the United States or Against the Citizen of the United States, the court had ordered Diaz to submit an application to proceed without paying filing fees and a prisoner authorization, or pay the required $402 filing fees.
Diaz did not submit the required forms or pay the fees within the deadline. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The opinion does not address the underlying allegations.
Chief Judge Laura Taylor Swain also denied Diaz permission to appeal without paying fees, certifying that an appeal would not be taken in good faith, and directed the clerk to enter judgment.
The detailed version
- Diaz v. The New York State Committed a Crime against the United States or… · No. 1:23-cv-03215
- Laura Swain
- June 7, 2023
Background
On April 26, 2023, the court directed Gilberto Diaz to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
The court found that Diaz had not submitted the application and prisoner authorization or paid the filing fees. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not discuss the substance of Diaz’s claims.
The court 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. It directed the clerk to enter judgment in the action.
Effect
The dismissal was without prejudice. The opinion does not state whether Diaz was represented by a lawyer or identify the claims he intended to bring.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.