Calderon v. Department of Corrections
- Colleen McMahon
- 1:19-cv-10216
- U.S. District Court · Southern District of New York
- 1
In Calderon v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Calderon neither filed the required authorization nor paid the filing fees.
Duntrell Calderon’s complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fee. The court also denied permission to appeal without paying filing fees.
What happened
In Calderon v. Department of Corrections, the court had ordered Duntrell Calderon to submit a completed and signed prisoner authorization or pay the $400 filing fee within 30 days.
The court had warned that failing to comply would result in dismissal. After the order was remailed because Calderon was detained at a different facility, he still did not comply.
Judge McMahon dismissed the complaint without prejudice. The court also ruled that an appeal would not be taken in good faith and denied Calderon permission to appeal without paying filing fees.
The detailed version
- Calderon v. Department of Corrections · No. 1:19-cv-10216
- Colleen McMahon
- Jan. 15, 2020
Background
The court had previously ordered Duntrell Calderon to submit a completed and signed prisoner authorization or pay the $400 in fees required to file a civil action. The November 5, 2019 order gave him 30 days to comply and stated that the complaint would be dismissed if he did not.
A footnote states that, after records showed Calderon was detained at a different facility, the Clerk of Court remailed the November 5 order to him on December 10, 2019. The opinion states that Calderon did not comply with the order.
Ruling
Chief United States District Judge Colleen McMahon 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 from the order would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk was directed to mail the order to Calderon and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.