Kenlock v. Orange County Jail
- Colleen McMahon
- 1:19-cv-08010
- U.S. District Court · Southern District of New York
- 1
In Kenlock v. Orange County Jail, Judge McMahon dismissed the action without prejudice after Kenlock neither paid the filing fee nor requested to proceed without paying.
Orville Edwin Kenlock's civil action was dismissed without prejudice because he did not submit the required application to proceed without paying filing fees or pay the filing fees. Permission to appeal without paying fees was also denied.
What happened
In Kenlock v. Orange County Jail (New York), Orville Edwin Kenlock brought a civil action against the Orange County Jail and other defendants.
The court had ordered Kenlock to submit a completed request to proceed without paying filing fees or pay the $400 filing fees within 30 days. He did neither.
Judge Colleen McMahon dismissed the action without prejudice. She also denied permission to appeal without paying fees after certifying that an appeal would not be taken in good faith.
The detailed version
- Kenlock v. Orange County Jail · No. 1:19-cv-08010
- Colleen McMahon
- Nov. 15, 2019
Background
On September 13, 2019, the court ordered Orville Edwin Kenlock to either submit a completed application to proceed without paying filing fees or pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal.
Kenlock did not submit the application or pay the filing fees.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling the action.
Appeal
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.