Darrell v. State of New York
- Colleen McMahon
- 1:20-cv-00248
- U.S. District Court · Southern District of New York
- 1
In Darrell v. State of New York, Chief Judge McMahon dismissed the complaint without prejudice after Darrell neither filed authorization nor paid filing fees.
Rose Darrell's complaint was dismissed without prejudice because Darrell did not submit the required updated prisoner authorization or pay the $400 filing fee. Any appeal would not receive permission to proceed without paying fees under this order.
What happened
Rose Darrell sued the State of New York in Darrell v. State of New York. The opinion does not describe the underlying claims.
The court had ordered Darrell to file an updated prisoner authorization or pay the required $400 filing fee within 30 days. The order warned that failing to do so would result in dismissal, and Darrell did neither.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied permission to proceed without paying fees for an appeal, finding that any appeal would not be taken in good faith.
The detailed version
- Darrell v. State of New York · No. 1:20-cv-00248
- Colleen McMahon
- Mar. 3, 2020
Background
The court had previously ordered Plaintiff Rose Darrell to submit an updated prisoner authorization or pay the $400 filing fee required to bring a civil action. The January 22, 2020 order gave Darrell 30 days to comply and stated that failure to do so would result in dismissal. The opinion does not describe the claims in the complaint.
Ruling
Because Darrell did not file an updated prisoner authorization and did not pay the filing fee, Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The Clerk was directed to mail the order to Darrell and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.