Williams v. New York State Unified Court System
- Colleen McMahon
- 1:20-cv-00331
- U.S. District Court · Southern District of New York
- 1
Williams v. New York State Unified Court System: Judge McMahon dismissed the complaint without prejudice because Williams neither paid the filing fee nor submitted required forms.
Kaseem Williams's complaint was dismissed without prejudice for failure to pay the filing fee or submit the required forms. His request to appeal without paying fees was also denied. The opinion does not address the merits of his claims against the New York State Unified Court System or the other defendants.
What happened
In Williams v. New York State Unified Court System, the court ordered Kaseem Williams to submit forms requesting permission to proceed without paying the filing fee, provide prisoner authorization, or pay the required $400 fee.
Williams did none of those things within the time allowed. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge McMahon also denied Williams permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Williams v. New York State Unified Court System · No. 1:20-cv-00331
- Colleen McMahon
- Mar. 9, 2020
Background
On January 16, 2020, the court directed Kaseem Williams, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $400 filing fee required for a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Williams did not submit the application or prisoner authorization and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
Appeal-Fee Ruling and Effect
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Williams permission to appeal without paying the required fees. The clerk was directed to mail Williams 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.