John Doe v. NYC Dept. of Corrections
- Laura Swain
- 1:24-cv-01139
- U.S. District Court · Southern District of New York
- 1
John Doe v. NYC Dept. of Corrections: Judge Swain dismissed the complaint without prejudice because Doe neither paid filing fees nor submitted required forms.
John Doe's complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fees. Permission to appeal without paying fees was also denied.
What happened
In John Doe v. NYC Dept. of Corrections, the court had ordered John Doe to submit forms to request permission to proceed without paying the filing fee and to authorize collection of fees as a prisoner, or to pay $405.00 in filing fees.
Doe did not submit the required forms or pay the fees by the deadline. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Laura Taylor Swain also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- John Doe v. NYC Dept. of Corrections · No. 1:24-cv-01139
- Laura Swain
- Mar. 26, 2024
Background
On February 22, 2024, the court directed John Doe to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $405.00 filing fees required to bring a civil action in the court.
Reason for Dismissal
The February 22 order warned that failing to comply would result in dismissal of the complaint. Doe did not submit the application and prisoner authorization and did not pay the filing fees. The court dismissed the complaint without prejudice. This means the opinion did not bar refiling based on this dismissal.
Other Rulings
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying fees. The court also directed the Clerk of Court to enter judgment.
Disposition
The complaint was dismissed without prejudice for failure to comply with the court's filing-fee and documentation requirement. The appeal-fee ruling was a separate ruling concerning an appeal, not a decision on the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.