Rios v. MTA
- Colleen McMahon
- 1:19-cv-08165
- U.S. District Court · Southern District of New York
- 1
In Rios v. MTA, Chief Judge McMahon dismissed Miguel Rios’s complaint without prejudice because he neither paid filing fees nor submitted a fee-waiver application.
Miguel Rios’s complaint was dismissed without prejudice because he did not pay the filing fee or submit an application to waive it. His request for the court to seek counsel was denied as moot, and fee-waiver status for an appeal was denied.
What happened
In Rios v. MTA, Miguel Rios was ordered to either submit an application to waive the filing fee or pay the required $400 fee within 30 days.
Rios did neither. The court therefore dismissed his complaint without prejudice, meaning he was not barred by this order from filing again.
Chief Judge Colleen McMahon also denied Rios’s request for the court to seek a lawyer for him as moot and denied fee-waiver status for any appeal.
The detailed version
- Rios v. MTA · No. 1:19-cv-08165
- Colleen McMahon
- Nov. 13, 2019
Background
The court had previously ordered Miguel Rios 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 and warned that failure to comply would result in dismissal.
Ruling
Rios did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also denied as moot Rios’s request for the court to seek counsel for him.
The court further certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk was directed to mail Rios a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.