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S.D.N.Y.Procedural orderFiled May 8, 2020

Ficklin v. Keyser

Judge
Colleen McMahon
Docket
1:20-cv-01610
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Ficklin v. Keyser, Chief Judge McMahon dismissed the complaint without prejudice after Ficklin failed to pay filing fees or submit required forms.

Who this affects

Terrick Ficklin's complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. The court also denied permission to proceed without paying fees for an appeal.

What happened

In Ficklin v. Keyser, the court had ordered Terrick Ficklin to submit forms requesting permission to proceed without paying the filing fee or to pay the required $400 in fees.

Ficklin did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar the complaint from being filed again.

Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ficklin v. Keyser · No. 1:20-cv-01610
Judge
Colleen McMahon
Date
May 8, 2020

Background

Terrick Ficklin sued Keyser, identified in the caption as a superintendent. On February 25, 2020, the court ordered Ficklin to either submit a completed application to proceed without paying the filing fee and a required prisoner authorization, or pay the $400 filing fee. The order warned that failing to comply would result in dismissal.

Ruling

The court found that Ficklin had not submitted the required application and authorization and had not paid the filing fees. Chief United States District Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.

The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying the fees for an appeal. The opinion does not address the merits of Ficklin's claims against Keyser.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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