Dunnell v. Department of Corrections, G.R.V.C.
- Colleen McMahon
- 1:19-cv-11918
- U.S. District Court · Southern District of New York
- 1
In Dunnell v. Department of Corrections, G.R.V.C., Judge McMahon dismissed the complaint without prejudice because Dunnell neither paid the filing fee nor submitted authorization.
Platto Dunnell’s complaint was dismissed without prejudice for failing to pay the filing fee or submit the required prisoner authorization. The court also denied fee-free status for any appeal.
What happened
In Dunnell v. Department of Corrections, G.R.V.C., the court had ordered Platto Dunnell to submit a completed prisoner authorization or pay the required filing fees within 30 days.
Dunnell did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Colleen McMahon also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Dunnell v. Department of Corrections, G.R.V.C. · No. 1:19-cv-11918
- Colleen McMahon
- Feb. 13, 2020
Background
Platto Dunnell sued the Department of Corrections, G.R.V.C., and three correctional officers identified as C. O. L. Pena, C. O. Perez, and C. O. Guzman. On January 3, 2020, the court ordered Dunnell to submit a completed prisoner authorization or pay the $400 filing fee required to bring a civil action. The order warned that failing to comply would result in dismissal.
Court’s Action
Dunnell did not submit the authorization or pay the fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order also directed the Clerk of Court to mail Dunnell a copy and record service on the docket.
Ruling
Chief Judge Colleen McMahon certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion did not address the merits of Dunnell’s claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.