LaDay v. John/Jane Doe
- Colleen McMahon
- 1:19-cv-09274
- U.S. District Court · Southern District of New York
- 2
In LaDay v. John/Jane Doe, Judge McMahon dismissed the case without prejudice because LaDay did not follow an earlier filing restriction.
Christopher LaDAY's case was dismissed without prejudice because he did not pay the required filing fees or obtain the permission required by an earlier court order; permission to proceed without paying fees was also denied for an appeal.
What happened
In LaDay v. John/Jane Doe, Christopher LaDAY filed a new case without a lawyer. An earlier court order barred him from filing new actions without paying fees or first getting permission to proceed without paying them.
The court treated the complaint as requesting permission to proceed without paying filing fees. LaDAY had neither submitted that request nor paid the required fees, and he had not asked for the required permission.
Judge Colleen McMahon dismissed the case without prejudice because LaDAY failed to comply with the earlier order. The court also denied permission to proceed without paying fees for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- LaDay v. John/Jane Doe · No. 1:19-cv-09274
- Colleen McMahon
- Nov. 4, 2019
Background
Christopher LaDAY filed this new case without a lawyer. The opinion states that, on October 25, 2016, the court had barred him from filing any new action without paying filing fees unless he first obtained the court's permission to proceed without paying them.
Reason for dismissal
LaDAY did not submit an application to proceed without paying filing fees and did not pay the relevant fees. He also did not seek the permission required by the October 25, 2016 order. The court treated his complaint as requesting permission to proceed without paying fees, but dismissed the action because he had not complied with the earlier order.
Ruling
Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651. The opinion does not decide the underlying claims against John/Jane Doe. 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 proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to assign the matter to Judge McMahon's docket, mail the order to LaDAY, and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.