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S.D.N.Y.Procedural orderFiled Feb. 20, 2020

Moore v. N.Y.P.D. D.O.T.

Judge
Colleen McMahon
Docket
1:20-cv-00073
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Moore v. N.Y.P.D. D.O.T., Judge McMahon dismissed the complaint without prejudice because Moore neither paid fees nor submitted required authorization.

Who this affects

Romial Moore's complaint was dismissed without prejudice; the opinion does not resolve the claims against the defendants.

What happened

In Moore v. N.Y.P.D. D.O.T., the court required Romial Moore to submit a completed prisoner authorization or pay the fees needed to file a civil case.

The court had warned that failing to complete either requirement within 30 days would lead to dismissal. Moore did neither.

Judge McMahon dismissed the complaint without prejudice. The court also said any appeal would not be taken in good faith and denied fee-free status for an appeal.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Moore v. N.Y.P.D. D.O.T. · No. 1:20-cv-00073
Judge
Colleen McMahon
Date
Feb. 20, 2020

Background

The court had ordered Romial Moore to submit a completed prisoner authorization or pay the $400 filing fees required to bring a civil action. The order gave Moore 30 days to comply and warned that the complaint would be dismissed if he did not.

Court's Ruling

Moore did not submit the authorization or pay the fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order does not decide the underlying claims against the defendants.

The court also certified that any appeal would not be taken in good faith and denied Moore fee-free status for purposes of an appeal. The clerk was directed to mail Moore a copy of the order and record service on the docket.

Effect of the Order

The complaint was dismissed without prejudice, using the court's express wording. The opinion does not address the merits of Moore's claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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