Blanding v. Part 65 Judge
- Colleen McMahon
- 1:20-cv-03131
- U.S. District Court · Southern District of New York
- 1
In Blanding v. Part 65 Judge, Judge McMahon dismissed the action without prejudice because Blanding neither paid filing fees nor submitted a fee-waiver request.
The dismissal affected Johnny Blanding’s action against Part 65 Judge. The action was dismissed without prejudice, and permission to proceed without paying fees for an appeal was denied.
What happened
Blanding v. Part 65 Judge concerned the plaintiff’s failure to comply with an order requiring him either to submit a request to proceed without paying filing fees or to pay the required $400 filing fee.
The plaintiff did neither within the time allowed by the court. The court therefore dismissed the action 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 the plaintiff permission to proceed without paying fees for an appeal.
The detailed version
- Blanding v. Part 65 Judge · No. 1:20-cv-03131
- Colleen McMahon
- June 24, 2020
Background
On April 21, 2020, the court ordered Johnny Blanding to submit a completed application to proceed without paying filing fees or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal.
Blanding did not submit the application or pay the fees.
Ruling
The court dismissed the action without prejudice. The opinion does not address the merits of Blanding’s claims against Part 65 Judge.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to mail the order to Blanding and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.