Federick v. Araya Monge
- Colleen McMahon
- 1:20-cv-02347
- U.S. District Court · Southern District of New York
- 1
In Freiber Federick v. Johny Araya Monge, Chief Judge McMahon dismissed the action without prejudice because plaintiff did not meet filing requirements.
Freiber Federick’s action was dismissed without prejudice because he did not complete the required filing-fee and mailing-address steps. The court also denied fee-waiver status for an appeal.
What happened
Freiber Federick v. Johny Araya Monge concerned the plaintiff’s failure to complete required steps to continue his civil case.
The court had ordered him to submit a corrected application to waive filing fees, pay the required $400 filing fees, and provide a recognizable mailing address. He did none of these things.
Chief Judge Colleen McMahon dismissed the action without prejudice. She also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Federick v. Araya Monge · No. 1:20-cv-02347
- Colleen McMahon
- May 22, 2020
Background
On March 18, 2020, the court ordered Freiber Federick to do one of two things within 30 days: submit a corrected application to proceed without paying filing fees or pay the $400 required to file a civil action. The court also ordered him to provide a recognizable mailing address and warned that failing to comply would lead to dismissal.
Court’s ruling
Freiber Federick did not submit the corrected fee-waiver application, pay the filing fees, or provide a recognizable mailing address. Chief United States District Judge Colleen McMahon therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the order did not bar refiling based on this dismissal.
The court directed the Clerk of Court to notify Freiber Federick by email. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.