Brito v. Clark
- Colleen McMahon
- 1:20-cv-00228
- U.S. District Court · Southern District of New York
- 1
In Brito v. Clark, Judge McMahon dismissed Raymond Brito’s complaint without prejudice after he neither sought to proceed without fees nor paid the filing fee.
Raymond Brito’s complaint was dismissed without prejudice because he did not submit the required fee-waiver documents or pay the filing fee. His request to appeal without paying fees was also denied.
What happened
In Brito v. Clark, the court had ordered Raymond Brito to submit an application to proceed without paying filing fees and a required prisoner authorization, or to pay the $400 filing fee.
The January 16, 2020 order warned that failing to comply would result in dismissal. Brito did not submit the required documents or pay the fee.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Brito permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Brito v. Clark · No. 1:20-cv-00228
- Colleen McMahon
- Mar. 9, 2020
Background
Raymond Brito sued Sgt. Clark. On January 16, 2020, the court ordered Brito to do one of two things within 30 days: submit an application to proceed without paying filing fees and a prisoner authorization, or pay the $400 required filing fee. The order warned that the complaint would be dismissed if he did not comply.
Court’s ruling
Brito did not submit the application or prisoner authorization and did not pay the filing fee. Chief Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against Sgt. Clark.
The court also certified that any appeal would not be taken in good faith and denied Brito permission to appeal without paying the required fees. The Clerk of Court was directed to mail Brito a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.