Fleming v. The City of New York
- Colleen McMahon
- 1:19-cv-10278
- U.S. District Court · Southern District of New York
- 1
In Fleming v. The City of New York, Judge McMahon dismissed the complaint without prejudice after Fleming neither paid the fee nor submitted a fee-waiver application.
Woodrow Fleming's complaint was dismissed without prejudice because he neither paid the filing fee nor submitted the required application to waive it. His request to appeal without paying the appeal fee was also denied.
What happened
In Fleming v. The City of New York, the court had ordered Woodrow Fleming to submit an application to waive the filing fee or pay the required $400 fee within 30 days.
Fleming did neither. The order warned that failing to comply would lead to dismissal of the complaint.
Judge Colleen McMahon dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. She also denied Fleming permission to appeal without paying the appeal fee because the court certified that an appeal would not be taken in good faith.
The detailed version
- Fleming v. The City of New York · No. 1:19-cv-10278
- Colleen McMahon
- Jan. 13, 2020
Background
The court had previously ordered Woodrow Fleming to submit a completed application to proceed without paying the filing fee, or to pay the $400 required to file a civil action. The order gave Fleming 30 days and warned that the complaint would be dismissed if he did not comply.
Ruling
The court found that Fleming had not submitted the application or paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order also directed the Clerk of Court to mail Fleming a copy and record service on the docket.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Fleming permission to proceed without paying the fee for an appeal. The opinion did not address the underlying claims in the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.