Calderon v. Department of Corr. Serv. and Comm. Superv.
- Colleen McMahon
- 1:19-cv-09977
- U.S. District Court · Southern District of New York
- 1
In Calderon v. DOCCS, Judge McMahon dismissed the complaint without prejudice after Calderon failed to submit authorization or pay filing fees.
Duntrell Calderon, whose complaint was dismissed without prejudice and whose fee-waiver status for an appeal was denied.
What happened
In Calderon v. Department of Corr. Serv. and Comm. Superv. (DOCCS), the court ordered Duntrell Calderon to submit a completed and signed prisoner authorization or pay the $400 required filing fees within 30 days.
Calderon did not comply with that order, so the court dismissed the complaint without prejudice. The court did not decide the claims’ merits.
Judge Colleen McMahon also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Calderon v. Department of Corr. Serv. and Comm. Superv. · No. 1:19-cv-09977
- Colleen McMahon
- Jan. 15, 2020
Background
The court had previously ordered Duntrell Calderon, within 30 days, to submit a completed and signed prisoner authorization or pay the $400 in fees required to file a civil action. The order warned that failure to comply would result in dismissal of the complaint.
The opinion states that Calderon did not comply with the October 30, 2019 order. It also states that, after a search of New York City Department of Correction records showed Calderon was detained in a different facility, the Clerk remailed the earlier order to him on December 10, 2019.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was based on Calderon’s failure to comply with the filing-fee or authorization requirement, the court did not reach the merits of the complaint.
The court certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Colleen McMahon directed the Clerk of Court to mail Calderon a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.