Griffin v. Superintendent of the Manhattan Detention Complex
- Colleen McMahon
- 1:20-cv-03075
- U.S. District Court · Southern District of New York
- 1
In Griffen v. Superintendent, Judge McMahon dismissed the petition without prejudice because Jeremiah J. Griffen neither paid the filing fee nor submitted an IFP application.
Jeremiah J. Griffen’s petition was dismissed without prejudice because he did not pay the filing fee or submit an application to proceed without paying it. His request for fee-free status on appeal was also denied, and no certificate of appealability was issued.
What happened
In Jeremiah J. Griffen v. Superintendent of the Manhattan Detention Complex, et al., the court required Griffen to either submit an application to proceed without paying court fees or pay the $5 filing fee within 30 days.
Griffen did neither. The court therefore dismissed the petition without prejudice, meaning the dismissal did not bar refiling. The order did not decide the petition’s underlying claims.
Judge Colleen McMahon also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith, and declined to issue a certificate of appealability because Griffen had not made the required showing of a constitutional-right violation.
The detailed version
- Griffin v. Superintendent of the Manhattan Detention Complex · No. 1:20-cv-03075
- Colleen McMahon
- June 25, 2020
Background
On May 5, 2020, the court ordered Jeremiah J. Griffen to submit a completed application to proceed without paying court fees or to pay the $5 filing fee within 30 days. The order warned that failure to comply would result in dismissal.
Court’s Ruling
Griffen did not submit the fee-waiver application and did not pay the filing fee. The court therefore dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the filing-fee requirement; the court did not address the petition’s underlying claims.
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 and denied fee-free status for an appeal. It further stated that Griffen had not made a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability under 28 U.S.C. § 2253. Judge Colleen McMahon directed the clerk to mail the order to Griffen and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.