Calderon v. Department of Corrections
- Colleen McMahon
- 1:19-cv-10277
- U.S. District Court · Southern District of New York
- 1
In Calderon v. Department of Corrections, Judge McMahon dismissed Calderon’s complaint without prejudice after he failed to submit prisoner authorization or pay the required filing fee.
Duntrell Calderon’s complaint was dismissed without prejudice, and his permission to proceed without paying appeal fees was denied. The opinion does not describe any separate relief affecting the Department of Corrections or the other defendants.
What happened
In Duntrell Calderon v. Department of Corrections, the court had ordered Calderon to submit a completed prisoner authorization or pay the $400 filing fee required for a civil case.
The order gave Calderon thirty days and warned that failing to comply would lead to dismissal. Calderon did neither.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied Calderon permission to proceed without paying appeal fees.
The detailed version
- Calderon v. Department of Corrections · No. 1:19-cv-10277
- Colleen McMahon
- Dec. 9, 2019
Background
On November 6, 2019, the court ordered Duntrell Calderon to submit a completed prisoner authorization or pay the $400 fee required to file a civil action. The order stated that failure to comply within thirty days would result in dismissal of the complaint.
Ruling
Calderon did not submit the authorization or pay the fee. Chief United States District Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied Calderon permission to proceed without paying the required fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.