Moultrie v. N.Y.C. Department of Correction Medical Staff
- Colleen McMahon
- 1:20-cv-02853
- U.S. District Court · Southern District of New York
- 1
In Moultrie v. N.Y.C. Department of Correction Medical Staff, Judge McMahon dismissed the complaint without prejudice because Moultrie neither paid fees nor submitted authorization.
Mukadien Moultrie’s complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fees. The court also denied fee-free status for an appeal; the defendants’ substantive liability was not decided.
What happened
In Moultrie v. N.Y.C. Department of Correction Medical Staff, the court had directed Mukadien Moultrie to submit a completed prisoner authorization or pay the required filing fees within 30 days. The opinion does not describe the complaint’s underlying claims.
Moultrie did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief United States District Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied fee-free status for any appeal. The court did not decide the underlying claims.
The detailed version
- Moultrie v. N.Y.C. Department of Correction Medical Staff · No. 1:20-cv-02853
- Colleen McMahon
- June 8, 2020
Background
The caption lists Mukadien Moultrie as the plaintiff and the N.Y.C. Department of Correction Medical Staff and several unidentified medical staff members and doctors as defendants. The opinion does not explain the claims in the complaint.
Filing-fee requirement
In an order dated April 9, 2020, the court directed Moultrie, within 30 days, either to submit a completed prisoner authorization or to pay the $400 required filing fees. The court warned that failure to comply would result in dismissal.
Moultrie did not submit the authorization or pay the filing fees. The opinion cites 28 U.S.C. §§ 1914 and 1915.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice. The opinion does not state that the court reached or decided the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk was directed to mail the order to Moultrie and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.