McDaniel v. The People of the City of New York
- Colleen McMahon
- 1:20-cv-00254
- U.S. District Court · Southern District of New York
- 2
In McDaniel v. The People, Judge McMahon ordered Curtis McDaniel to pay $400 or submit forms to continue the case.
Curtis McDaniel must either pay $400 in fees or submit the required application and prisoner authorization form within 30 days to avoid dismissal of the action. The defendants were not required to respond at this stage.
What happened
In McDaniel v. The People of the City of New York, Curtis McDaniel told the court that this case was not duplicative of a prior related proceeding. The court had also required him to either pay the filing fees or ask to proceed without paying them in advance, but he submitted neither the required application nor the prisoner authorization form.
The court ordered McDaniel, within 30 days, to pay $400 in fees or submit the application and authorization form. No summons would be issued at that time. The case would be processed if he complied; if he did not, the action would be dismissed.
Judge Colleen McMahon also stated that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for any appeal.
The detailed version
- McDaniel v. The People of the City of New York · No. 1:20-cv-00254
- Colleen McMahon
- Mar. 6, 2020
Background
On February 3, 2020, the court directed Curtis McDaniel to explain why this action should not be dismissed as duplicative of an earlier related proceeding. The court also directed him, if he wished to continue, to submit an application to proceed without prepaying filing fees and a prisoner authorization form.
On March 5, 2020, the court received McDaniel's letter stating that this action was not duplicative. He did not, however, submit the required fee application or prisoner authorization form.
Order
The court directed McDaniel, within 30 days of the March 6 order, to either pay $400 in fees or submit the attached application to proceed without prepaying fees and the prisoner authorization form. The Clerk of Court was directed to mail him a copy of the order and record service on the docket.
No summons was to issue at that time. If McDaniel complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for purposes of an appeal. This order did not decide the underlying claims.
Classification
This is a procedural order because it addressed filing fees, the fee-waiver application, and case-processing requirements rather than the merits of McDaniel's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.