Gershberg v. Social Security Administration City of New York, NY Pension
- Colleen McMahon
- 1:19-cv-05235
- U.S. District Court · Southern District of New York
- 1
In Gershberg v. Social Security Administration, Judge McMahon dismissed the case without prejudice after Gershberg neither paid filing fees nor submitted the required form.
Yefim Gershberg's action was dismissed without prejudice because he did not submit the required amended fee-waiver request or pay the filing fees. His request to appeal without paying fees was also denied.
What happened
In Gershberg v. Social Security Administration City of New York, NY Pension, Yefim Gershberg was ordered to submit a completed request to proceed without paying filing fees or pay the required filing fees.
The court gave Gershberg thirty days and warned that failing to comply would result in dismissal. He did not submit the amended request or pay the fees.
Chief Judge Colleen McMahon dismissed the action without prejudice. She also denied Gershberg permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Gershberg v. Social Security Administration City of New York, NY Pension · No. 1:19-cv-05235
- Colleen McMahon
- Nov. 26, 2019
Background
Yefim Gershberg brought this action against the Social Security Administration City of New York, NY (Pension), and other defendants. The opinion does not describe the underlying claims.
By an October 15, 2019 order, the court directed Gershberg either to submit a completed amended request to proceed without paying the filing fees or to pay the $400 required to file a civil action. The order warned that failure to comply within thirty days would result in dismissal.
Ruling
Gershberg did neither. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not resolve the underlying claims.
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 appeal without paying the fees. Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail the order to Gershberg and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.