Rojas v. State of New York
- Colleen McMahon
- 1:20-cv-02137
- U.S. District Court · Southern District of New York
- 1
In Rojas v. State of New York, Judge McMahon dismissed the complaint without prejudice because Rojas neither paid the filing fee nor submitted required forms.
Richard Rojas’s complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fee. The court did not decide the underlying claims against the defendants.
What happened
Rojas v. State of New York concerned a complaint filed by Richard Rojas against the State of New York and other defendants.
The court had ordered Rojas to submit a request to proceed without paying the filing fee, a required prisoner authorization, or the filing fee itself. Rojas did none of these things.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Rojas v. State of New York · No. 1:20-cv-02137
- Colleen McMahon
- May 18, 2020
Background
On March 13, 2020, the court ordered Richard Rojas to submit a completed application to proceed without paying the filing fee, a prisoner authorization, or the $400 required filing fee for a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Rojas did not submit the application or prisoner authorization and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling based on the same complaint, although the opinion does not specify any further filing requirements.
Chief United States District Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied Rojas permission to appeal without paying fees. The opinion does not address the underlying claims against the State of New York or the other defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.