Cantero v. Mid-Hudson Psychiatric Forensic Center
- Colleen McMahon
- 1:19-cv-11167
- U.S. District Court · Southern District of New York
- 2
In Cantero v. Mid-Hudson Psychiatric Forensic Center, Judge McMahon dismissed the complaint without prejudice because Cantero neither paid fees nor submitted an adequate fee-waiver application.
Jose Luis Cantero's complaint was dismissed without prejudice because he did not pay the filing fees or submit the required amended application. His request to proceed without prepaying fees on appeal was also denied.
What happened
In Cantero v. Mid-Hudson Psychiatric Forensic Center, Jose Luis Cantero filed a complaint without paying the filing fees or submitting a complete application to proceed without prepaying them. He was representing himself.
The court first gave Cantero thirty days to pay the fees or submit an application. After finding his application insufficient, the court gave him another thirty days to pay or submit an amended application. Cantero did neither.
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Cantero permission to proceed without prepaying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Cantero v. Mid-Hudson Psychiatric Forensic Center · No. 1:19-cv-11167
- Colleen McMahon
- June 1, 2020
Background
Jose Luis Cantero filed a complaint without paying the $400 filing fees and without submitting a completed and signed application to proceed without prepaying fees. The opinion identifies Cantero as representing himself.
Procedural History
On December 10, 2019, the court ordered Cantero to pay the fees or submit an application to proceed without prepaying them within thirty days. Cantero submitted an application on January 8, 2020. The court found that application insufficient to establish that he could not pay the filing fees.
On March 24, 2020, the court ordered Cantero to pay the fees or submit an amended application within thirty days. That order warned that failing to comply would result in dismissal. Cantero did not submit an amended application or pay the filing fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail Cantero a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.