Staples v. Orange County Jail
- Colleen McMahon
- 1:19-cv-10985
- U.S. District Court · Southern District of New York
- 1
In Staples v. Orange County Jail, Judge McMahon dismissed the complaint without prejudice because Staples did not submit required forms or pay the filing fee.
Andrew P. Staples, Jr.'s complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fee; permission to proceed without paying appeal fees was also denied.
What happened
In Staples v. Orange County Jail, the court had required Andrew P. Staples, Jr. to submit a request to proceed without paying filing fees and a prisoner authorization, or to pay the $400 filing fee. The order warned that failing to comply would lead to dismissal.
Staples did not submit the required forms or pay the fee. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar him from filing again.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Staples permission to proceed without paying appeal fees.
The detailed version
- Staples v. Orange County Jail · No. 1:19-cv-10985
- Colleen McMahon
- Jan. 14, 2020
Background
The court had previously directed Andrew P. Staples, Jr. to submit a completed application to proceed without paying the filing fee and a prisoner authorization within 30 days, or to pay the $400 required fee for filing a civil action. The court warned that failure to comply would result in dismissal.
Ruling
Staples did not submit the application and prisoner authorization or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling.
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 and denied permission to proceed without paying appeal fees. The clerk was directed to mail Staples 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.