Jenkins v. United States of America
- Colleen McMahon
- 1:19-cv-10586
- U.S. District Court · Southern District of New York
- 1
In Jenkins v. United States, Judge McMahon dismissed the complaint without prejudice because Jenkins neither paid the filing fee nor submitted required financial forms.
Darrell Jenkins's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required forms. His request to appeal without paying fees was also denied.
What happened
In Jenkins v. United States of America, the court had ordered Darrell Jenkins to pay the $400 filing fee or submit an application to proceed without paying it and a prisoner authorization form.
Jenkins did neither within the required thirty days. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also denied Jenkins permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Jenkins v. United States of America · No. 1:19-cv-10586
- Colleen McMahon
- Jan. 9, 2020
Background
Darrell Jenkins sued the United States of America and other defendants. In an order dated November 19, 2019, the court directed Jenkins either to pay the $400 filing fee required to begin a civil action or to submit a completed application to proceed without paying the fee, along with a prisoner authorization form. The court warned that failing to comply within thirty days would result in dismissal.
Ruling
Jenkins did not pay the filing fee and did not submit the required application and authorization. Chief United States District Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.