Morla v. N.Y.S. Dept. of Correction and Community Supervision
- Colleen McMahon
- 1:19-cv-10282
- U.S. District Court · Southern District of New York
- 1
In Morla v. N.Y.S. Dept. of Correction and Community Supervision, Judge McMahon dismissed the case without prejudice because Morla did not pay the required filing fees.
Jackye N. Morla's civil action was dismissed without prejudice, and fee-waiver status was denied for an appeal.
What happened
In Morla v. N.Y.S. Dept. of Correction and Community Supervision, the court had ordered Jackye N. Morla to pay the $400 required to file the civil action.
The order warned that failing to pay within 30 days would result in dismissal. Morla did not pay the fees.
Chief Judge Colleen McMahon dismissed the action without prejudice. She also denied fee-waiver status for any appeal after finding that an appeal would not be taken in good faith.
The detailed version
- Morla v. N.Y.S. Dept. of Correction and Community Supervision · No. 1:19-cv-10282
- Colleen McMahon
- Jan. 21, 2020
Background
The court had previously ordered Plaintiff Jackye N. Morla to pay the $400 filing fees required to bring a civil action. The December 6, 2019 order gave Morla 30 days to pay and warned that failure to comply would result in dismissal.
Ruling
The court stated that Morla had not paid the fees and dismissed the action without prejudice. “Without prejudice” means the dismissal did not bar refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Chief United States District Judge Colleen McMahon ordered the Clerk of Court to mail the order to Morla and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.