McCormick v. Tribune Company
- Colleen McMahon
- 1:20-cv-03467
- U.S. District Court · Southern District of New York
- 1
In McCormick v. Tribune Company, Judge McMahon dismissed Jo Anna Canzoneri McCormick’s action without prejudice for violating a prior filing restriction.
Jo Anna Canzoneri McCormick’s action was dismissed without prejudice for failing to comply with the prior filing restriction. Her request to proceed without paying fees on appeal was also denied.
What happened
In McCormick v. Tribune Company, Jo Anna Canzoneri McCormick filed a civil action without paying the required filing fees and without asking for permission to file. An earlier order had required her to obtain the court’s permission before filing a new civil action without paying fees.
The court dismissed this action without prejudice because McCormick did not comply with that earlier filing restriction. The court did not decide the underlying claims. It also directed the Clerk of Court to mail her the order and record service on the docket.
Chief United States District Judge Colleen McMahon ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- McCormick v. Tribune Company · No. 1:20-cv-03467
- Colleen McMahon
- May 8, 2020
Background
On December 8, 2011, an earlier order in a related proceeding barred Plaintiff from filing any new civil action in the Southern District of New York without paying filing fees unless she first obtained the court’s permission. The opinion explains that proceeding without paying fees is commonly called proceeding "in forma pauperis," or IFP.
The court received Plaintiff’s complaint in the present action on April 30, 2020. Plaintiff had not submitted an application to proceed without paying fees, had not paid the required fees, and had not sought permission to file the action.
Ruling
The court dismissed the action without prejudice because Plaintiff failed to comply with the earlier filing restriction. The opinion does not address the merits of Plaintiff’s claims. The court also directed the Clerk of Court to mail a copy of the order to Plaintiff and record service on the docket.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied IFP status for purposes of an appeal. Chief United States District Judge Colleen McMahon issued the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.