Perez v. NY Police
- Colleen McMahon
- 1:19-cv-08251
- U.S. District Court · Southern District of New York
- 1
In Perez v. NY Police, Chief Judge McMahon dismissed Juana Perez’s complaint without prejudice after she neither amended her fee-waiver request nor paid the required $400.
Juana Perez’s complaint was dismissed without prejudice because she did not file the required amended fee-waiver application or pay the $400 filing fee. Her request to appeal without paying fees was also denied.
What happened
In Perez v. NY Police, Juana Perez was ordered to file a completed application to avoid paying the filing fee or to pay the $400 required to bring a civil case. The order gave her 30 days to do so.
Perez did neither. The court dismissed her complaint without prejudice, meaning the order did not bar her from filing again. The court also denied her request to proceed without paying fees for any appeal because it found that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon issued the order on December 6, 2019. The order did not decide the substance of Perez’s claims against NY Police or the New York City Port Authority Bus Terminal.
The detailed version
- Perez v. NY Police · No. 1:19-cv-08251
- Colleen McMahon
- Dec. 6, 2019
Background
The court had previously ordered Juana Perez to submit a completed amended application to proceed without paying the filing fee or to pay the $400 filing fees required for a civil action. The earlier order, dated September 16, 2019, gave Perez 30 days to comply and warned that the complaint would be dismissed if she did not.
Court’s Action
Perez did not submit the amended application and did not pay the filing fees. 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 NY Police or the New York City Port Authority Bus Terminal.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Perez permission to appeal without paying fees. Chief Judge Colleen McMahon also directed the Clerk of Court to mail Perez 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.