Delaney v. Republic National Committee
- Colleen McMahon
- 1:20-cv-01625
- U.S. District Court · Southern District of New York
- 1
In Delaney v. Republican National Committee, Judge McMahon dismissed the complaint without prejudice after Delaney failed to follow filing-fee and address instructions.
Dennis W. Delaney’s complaint was dismissed without prejudice after he failed to comply with the court’s filing-fee and contact-information requirements; the Republican National Committee was the defendant.
What happened
In Dennis W. Delaney v. Republican National Committee, the court had directed Delaney to submit an amended request to proceed without paying the filing fee or to pay the required $400 fee. The court also instructed him to provide a mailing address or agree to receive documents electronically.
The March 9, 2020 order warned that failing to comply would result in dismissal. Delaney did not respond to that order.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
The detailed version
- Delaney v. Republic National Committee · No. 1:20-cv-01625
- Colleen McMahon
- May 14, 2020
Background
On March 9, 2020, the court ordered Dennis W. Delaney to do one of two things within 30 days: submit an amended request to proceed without paying the filing fee, or pay the $400 fee required to file a civil action. Because Delaney had not provided a mailing address, the court also required him either to provide one or to consent to electronic service, which means receiving court documents electronically. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
Delaney did not respond to the March 9 order. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not address whether any later filing would satisfy other requirements.
Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the filing fee. The Clerk of Court was directed to notify Delaney electronically of the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.