Williams v. New York City Department of Corrections
- Colleen McMahon
- 1:19-cv-08866
- U.S. District Court · Southern District of New York
- 1
In Williams v. New York City Department of Corrections, Chief Judge McMahon dismissed the complaint without prejudice after Williams neither paid the filing fee nor requested a fee waiver.
Jamar Williams's complaint was dismissed without prejudice because he did not submit the required application or pay the filing fee; the court did not address the underlying claims or the defendants' liability.
What happened
In Williams v. New York City Department of Corrections, the court had ordered Jamar Williams to submit a request to proceed without paying the filing fee or pay the required filing fees.
The order gave Williams 30 days and warned that failing to comply would lead to dismissal. Williams did neither: he did not submit the request or pay the fees.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. The court also said an appeal would not be taken in good faith and denied Williams permission to proceed without paying fees for an appeal.
The detailed version
- Williams v. New York City Department of Corrections · No. 1:19-cv-08866
- Colleen McMahon
- Nov. 12, 2019
Background
On September 26, 2019, the court directed Jamar Williams to submit a completed application to proceed without paying the filing fee or to pay the $400 required to file a civil action. The order gave him 30 days to comply and stated that the complaint would be dismissed if he did not.
What the Court Decided
Williams did not submit the application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not describe the underlying claims against the New York City Department of Corrections or the other defendants.
Other Orders
Chief Judge Colleen McMahon directed the Clerk of Court to mail Williams a copy of the order and record service on the docket. The court 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 the appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.