Folks v. Maria
- Colleen McMahon
- 1:19-cv-10220
- U.S. District Court · Southern District of New York
- 1
In Folks v. Maria, Chief Judge McMahon dismissed the action without prejudice because Folks neither paid filing fees nor submitted authorization.
Daquon Kadeem Folks's action was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fee. The court also denied him permission to appeal without paying fees.
What happened
Daquon Kadeem Folks sued Deputy Maria and others in Folks v. Maria. The court had ordered Folks to submit a completed prisoner authorization or pay the required $400 filing fee within 30 days.
Folks did neither. The order warned that failing to comply would result in dismissal, and the court did not address the underlying claims.
Chief Judge Colleen McMahon dismissed the action without prejudice. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Folks v. Maria · No. 1:19-cv-10220
- Colleen McMahon
- Jan. 22, 2020
Background
The court had previously ordered Plaintiff Daquon Kadeem Folks to submit a completed prisoner authorization or pay the $400 filing fee required to bring a civil action in the court. The order gave him 30 days to comply and warned that the action would be dismissed if he did not.
Ruling
The court found that Folks had neither submitted the prisoner authorization nor paid the filing fee. It therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal resolved the filing-compliance issue and did not address the merits of the claims against Deputy Maria or the other defendants.
Appeal-fee ruling
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied Folks permission to appeal without paying the required fees. The Clerk was directed to mail the order to Folks and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.