Corpening v. Sawyer
- Colleen McMahon
- 1:19-cv-10736
- U.S. District Court · Southern District of New York
- 1
In Corpening v. Sawyer, Judge McMahon dismissed the petition without prejudice after Corpening neither filed a fee-waiver request nor paid the required filing fees.
Michael Christopher Corpening's petition was dismissed without prejudice because he neither submitted the required application to proceed without paying filing fees nor paid the filing fee. Permission to appeal without paying fees was also denied.
What happened
In Corpening v. Sawyer, Michael Christopher Corpening was required to submit a request to proceed without paying filing fees or pay the fees required to file a civil action. The court gave him 30 days to do so and warned that failing to comply would lead to dismissal.
Corpening did not submit the request or pay the fee. The opinion does not describe the underlying claims in the petition.
Chief Judge Colleen McMahon dismissed the petition without prejudice. She also denied Corpening permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Corpening v. Sawyer · No. 1:19-cv-10736
- Colleen McMahon
- Jan. 10, 2020
Background
Michael Christopher Corpening filed a petition against Kathleen Sawyer and other respondents. The opinion does not explain the petition's underlying claims.
By an order dated January 10, 2020, the court directed Corpening, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $400 in fees required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Corpening did not submit the fee-waiver application and did not pay the filing fee. Chief United States District Judge Colleen McMahon therefore dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It consequently denied permission to appeal without paying filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.