Perez v. Bryant
- Colleen McMahon
- 1:20-cv-00079
- U.S. District Court · Southern District of New York
- 1
In Perez v. Bryant, Judge McMahon dismissed Felipe Perez’s complaint without prejudice because he neither filed required forms nor paid the filing fee.
Felipe Perez’s complaint was dismissed without prejudice for failure to submit the required filing forms or pay the filing fees. Fee-free status for an appeal was also denied.
What happened
In Perez v. Bryant, the court had ordered Felipe Perez to submit a completed request to proceed without paying filing fees and a prisoner authorization, or to pay the required $400 filing fees.
Perez did not submit the forms or pay the fees by the deadline. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-free status for any appeal because it certified that an appeal would not be taken in good faith.
Chief United States District Judge Colleen McMahon issued the order on February 24, 2020, and directed the Clerk of Court to mail it to Perez and record service on the docket.
The detailed version
- Perez v. Bryant · No. 1:20-cv-00079
- Colleen McMahon
- Feb. 24, 2020
Background
On January 8, 2020, the Court ordered Felipe Perez to do one of two things within thirty days: submit a completed application to proceed without paying the filing fees and a prisoner authorization, 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.
Ruling
The Court found that Perez had neither filed the required application and authorization nor paid the fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not address the underlying claims.
Appeal and Service
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail a copy of the order to Perez and note service on the docket. Chief United States District Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.