Diawara v. Castel
- Colleen McMahon
- 1:20-cv-03673
- U.S. District Court · Southern District of New York
- 1
In Diawara v. Castel, Judge McMahon dismissed Alpha Diawara’s complaint without prejudice after Plaintiff neither paid filing fees nor submitted required forms.
Alpha Diawara’s complaint was dismissed without prejudice because Plaintiff did not pay the filing fee or submit the required fee-waiver and prisoner-authorization documents. Plaintiff was also denied permission to appeal without paying fees.
What happened
Alpha Diawara v. U.S. Judge Kevin P. Castel, et al. was dismissed after the court ordered Plaintiff to submit an application to proceed without paying filing fees and a required prisoner authorization, or pay the filing fee. The court had warned that failure to comply would result in dismissal.
Plaintiff did not submit the required documents or pay the fee. The court therefore dismissed the complaint without prejudice, meaning Plaintiff could file a new action.
Chief United States District Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Plaintiff permission to proceed without paying fees for the appeal.
The detailed version
- Diawara v. Castel · No. 1:20-cv-03673
- Colleen McMahon
- June 15, 2020
Background
The court previously ordered Plaintiff, within thirty days, to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $400 fee required to file a civil action. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Plaintiff did not submit the application or prisoner authorization and did not pay the fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. This allowed Plaintiff to file a new action.
Chief United States District Judge Colleen McMahon also certified that any appeal from the order would not be taken in good faith. The court therefore denied 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.