Pacheco v. 30th Precinct
- Colleen McMahon
- 1:19-cv-11915
- U.S. District Court · Southern District of New York
- 1
In Pacheco v. 30th Precinct, Judge McMahon dismissed the complaint without prejudice after Pacheco neither filed the required application nor paid filing fees.
Rodolfo Pacheco's complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fees. The court also denied permission to appeal without paying fees.
What happened
In Pacheco v. 30th Precinct, the court had ordered Rodolfo Pacheco to submit a completed application to proceed without paying filing fees or pay the required fees within 30 days.
Pacheco did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Pacheco v. 30th Precinct · No. 1:19-cv-11915
- Colleen McMahon
- May 6, 2020
Background
On March 2, 2020, the court directed Rodolfo Pacheco to file a completed second amended application to proceed without paying filing fees or to pay the $400 in fees required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
The court found that Pacheco had neither filed the required application nor paid the fees. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims against the 30th Precinct or the other defendants.
Appeal 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 permission to appeal without paying filing fees. The Clerk was directed to mail the order to Pacheco and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.