Lopez v. Dennis
- Colleen McMahon
- 1:19-cv-09276
- U.S. District Court · Southern District of New York
- 2
In Lopez v. Dennis, Judge McMahon dismissed Lopez’s complaint without prejudice after he failed to pay fees or submit required forms.
Jason Lopez’s complaint was dismissed without prejudice, and he was denied permission to appeal without paying the required fees.
What happened
In Lopez v. Dennis, Jason Lopez sued C.O. Dennis and other defendants while he was detained at the Manhattan Detention Complex.
The court ordered Lopez to pay the filing fees or submit an application to proceed without paying them, along with a required prisoner authorization. The order was returned because Lopez was no longer at the facility, and he did not provide a new mailing address or contact the court.
The court dismissed the complaint without prejudice. Judge Colleen McMahon also denied Lopez permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Lopez v. Dennis · No. 1:19-cv-09276
- Colleen McMahon
- Jan. 9, 2020
Background
Jason Lopez filed a complaint against C.O. Dennis and other defendants while he was detained at the Manhattan Detention Complex. The court had ordered Lopez to either pay the $400 filing fee or submit a completed application to proceed without paying the fee, together with a prisoner authorization, within 30 days.
The court’s November 8, 2019 order was returned on December 4, 2019, with a notation that Lopez was no longer held at the facility. Lopez did not comply with the order, notify the court of a new mailing address, or otherwise contact the court.
Ruling
The court dismissed Lopez’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any requirements for a new filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Lopez permission to appeal without paying the required fees. The Clerk of Court was directed to mail Lopez a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.