Murray v. City of New York
- Clarke
- 1:24-cv-03758
- U.S. District Court · Southern District of New York
- 2
In Murray v. City of New York, Judge Clarke dismissed Robert Murray’s case without prejudice after he failed to pay the required filing fee.
Robert L. Murray, who brought the action without a lawyer, is affected by the dismissal. The City of New York and the other defendants are also affected because the case was closed without a decision on the constitutional claims.
What happened
In Murray v. City of New York, Robert Murray, representing himself, sued the City of New York and other defendants under a federal civil-rights law, alleging that his constitutional rights were violated while he was incarcerated.
The defendants asked the court to revoke Murray’s permission to proceed without paying the filing fee. The court adopted a recommendation to grant that request and ordered Murray to pay the $405 filing fee by April 28, 2025. Murray did not pay the fee or ask for more time.
The court dismissed the case without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure because Murray did not comply with the court’s payment order. Judge Jessica G. L. Clarke directed the clerk to close the case and mail the order to Murray and another listed recipient.
The detailed version
- Murray v. City of New York · No. 1:24-cv-03758
- Clarke
- May 28, 2025
Background
Robert L. Murray, proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983, alleging violations of his constitutional rights while incarcerated. The court referred the case to Magistrate Judge Stewart D. Aaron for pretrial matters and dispositive motions.
Filing-Fee Order
The defendants moved to revoke Murray’s permission to proceed without paying the filing fee. Magistrate Judge Aaron recommended granting that motion, and Judge Clarke adopted the recommendation in its entirety on April 4, 2025. Magistrate Judge Aaron then ordered Murray to pay the required $405 filing fee by April 28, 2025, warning that failure to pay would result in dismissal without prejudice.
Ruling
The court stated that Rule 41(b) permits dismissal when a plaintiff fails to prosecute an action or comply with a court order. The court found that the payment deadline had passed, that no filing fee had been received, and that Murray had not requested an extension. The court therefore dismissed the action without prejudice under Rule 41(b), directed the clerk to close the case, and ordered that a copy of the order be mailed to Murray and Cynthia Turnipseed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.