Molina v. Department of Corrections
- Colleen McMahon
- 1:19-cv-09388
- U.S. District Court · Southern District of New York
- 1
In Molina v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice after Molina neither filed authorization nor paid the filing fee.
Julio Molina, whose complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fee; any appeal would not receive fee-waiver status.
What happened
In Molina v. Department of Corrections, the court had ordered Julio Molina to submit a completed prisoner authorization or pay the $400 filing fee within 30 days.
Molina did neither. The opinion does not address the underlying claims in his complaint.
Chief Judge Colleen McMahon dismissed the complaint without prejudice, allowing Molina to file a new action. Judge McMahon also denied fee-waiver status for an appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Molina v. Department of Corrections · No. 1:19-cv-09388
- Colleen McMahon
- Nov. 12, 2019
Background
By an order dated October 10, 2019, the court directed Julio Molina to submit a completed prisoner authorization or pay the $400 required filing fee within 30 days. The earlier order warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Molina did not file the prisoner authorization or pay the fee. Chief United States District Judge Colleen McMahon therefore dismissed the complaint without prejudice, meaning Molina may refile a new action. The court did not decide the underlying claims.
The court directed the Clerk of Court to mail Molina a copy of the order and record service on the docket. It also certified that any appeal would not be taken in good faith and denied Molina fee-waiver status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.