Jones v. Westchester County
- Colleen McMahon
- 1:19-cv-09553
- U.S. District Court · Southern District of New York
- 1
In Jones v. Westchester County, Judge McMahon dismissed the complaint without prejudice because Jones neither submitted required fee paperwork nor paid the filing fee.
Daniel Jones’s complaint was dismissed without prejudice, and the court denied permission to proceed without paying the fee for an appeal. The order did not decide the underlying claims against Westchester County or the other defendants.
What happened
Jones v. Westchester County concerned the court’s earlier order requiring Daniel Jones either to submit a request to proceed without paying filing fees and a prisoner authorization form or to pay the required filing fee. The deadline was thirty days, and the court warned that failing to comply would lead to dismissal.
Jones did not submit the required forms or pay the filing fee. The order does not describe the underlying claims against Westchester County or the other defendants.
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice. The court also stated that an appeal would not be taken in good faith and denied Jones permission to proceed without paying the appeal fee.
The detailed version
- Jones v. Westchester County · No. 1:19-cv-09553
- Colleen McMahon
- Nov. 19, 2019
Background
On October 16, 2019, the court ordered Daniel Jones to do one of two things within thirty days: submit a completed application to proceed without paying the filing fee, along with a required prisoner authorization, or pay the $400 filing fee for a civil action. The court warned that failure to comply would result in dismissal of the complaint.
Issue
The issue was whether the complaint should be dismissed because Jones did not comply with the court’s filing-fee requirement and did not submit the required paperwork.
Ruling
Chief United States District Judge Colleen McMahon stated that Jones had not submitted the application or prisoner authorization and had not paid the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of the claims against Westchester County or the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying the fee for an appeal. The Clerk of Court was directed to mail the order to Jones and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.