Simon v. New York Common Pantry
- Colleen McMahon
- 1:19-cv-10627
- U.S. District Court · Southern District of New York
- 1
In Simon v. New York Common Pantry, Judge McMahon dismissed the complaint without prejudice because Simon neither submitted a fee-waiver application nor paid required filing fees.
Robert Simon’s complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fees. The court also denied fee-waiver status for an appeal.
What happened
In Simon v. New York Common Pantry, the court had ordered Robert Simon to submit a completed application to proceed without paying filing fees or to pay the fees required to file a civil case.
The court gave Simon fifteen days to comply and warned that failing to do so would result in dismissal. Simon did neither.
Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Simon v. New York Common Pantry · No. 1:19-cv-10627
- Colleen McMahon
- Jan. 27, 2020
Background
On January 3, 2020, the court directed Plaintiff Robert Simon to do one of two things within fifteen days: submit a completed application to proceed without paying filing fees, or pay the $400 in fees required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Simon did not submit the application or pay the fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means this order did not permanently bar the complaint from being filed again.
Appeal-related ruling
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. It therefore denied Simon permission to proceed without paying fees for an appeal. The Clerk of Court was directed to mail the order to Simon and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.