Cesareo v. Town of Cortlandt
- Colleen McMahon
- 1:20-cv-02003
- U.S. District Court · Southern District of New York
- 1
In Cesareo v. Town of Cortlandt, Judge McMahon dismissed the complaint without prejudice because Cesareo paid no filing fee and submitted no fee-waiver application.
Carl Cesareo's complaint against the Town of Cortlandt, Linda D. Puglisi, and Chris Kehoe was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee.
What happened
In Cesareo v. Town of Cortlandt, the court required Carl Cesareo either to submit an application to proceed without paying filing fees or to pay the $400 filing fee for his civil case.
The court had given Cesareo 30 days to comply and warned that failing to do so would result in dismissal. He did neither.
Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied fee-waiver status for any appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Cesareo v. Town of Cortlandt · No. 1:20-cv-02003
- Colleen McMahon
- May 6, 2020
Background
Carl Cesareo brought a civil action against the Town of Cortlandt, Supervisor Linda D. Puglisi, and Chris Kehoe, AICP. On March 2, 2020, the court ordered Cesareo to submit a completed application to proceed without paying filing fees or to pay the $400 required filing fee within 30 days. The court warned that failure to comply would result in dismissal.
Compliance and dismissal
Cesareo did not submit the fee-waiver application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not address the merits of Cesareo's claims.
Appeal-related ruling
Judge Colleen McMahon directed the Clerk of Court to mail the order to Cesareo and record service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.