Bastien v. Cheli
- Colleen McMahon
- 1:20-cv-01721
- U.S. District Court · Southern District of New York
- 1
In Bastien v. Chell, Judge McMahon dismissed the complaint without prejudice because Bastien neither paid filing fees nor submitted the required amended fee-waiver application.
Sandy Bastien's complaint was dismissed without prejudice because Bastien did not submit the required amended fee-waiver application or pay the filing fee. The court also denied fee-waiver status for any appeal.
What happened
In Bastien v. Chell, the court ordered Bastien to submit a completed amended application to waive the filing fee or pay the required $400 fee within 30 days.
Bastien did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied fee-waiver status for the appeal.
The detailed version
- Bastien v. Cheli · No. 1:20-cv-01721
- Colleen McMahon
- June 5, 2020
Background
On April 3, 2020, the court directed Sandy Bastien to submit a completed amended application to proceed without paying the filing fee or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Bastien did not submit the amended application and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. This disposition was based on Bastien's failure to comply with the court's filing-fee directive; the opinion does not address the underlying claims.
Judge Colleen McMahon directed the Clerk of Court to mail the order to Bastien and record service on the docket. The court also certified that any appeal would not be taken in good faith and denied Bastien permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.