Fletcher v. Guzman
- Colleen McMahon
- 1:20-cv-03082
- U.S. District Court · Southern District of New York
- 1
In Fletcher v. Guzman, Judge McMahon dismissed the complaint without prejudice because Fletcher neither paid the fee nor submitted required forms.
Shawn Fletcher’s complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fee. The court also denied him permission to appeal without paying fees.
What happened
In Fletcher v. Guzman, the court had ordered Shawn Fletcher to submit a request to proceed without paying filing fees and a prisoner authorization, or to pay the required $400 fee.
Fletcher did not submit the required forms or pay the fee within the time allowed by the court’s April 28, 2020 order.
Judge Colleen McMahon dismissed the complaint without prejudice and denied Fletcher permission to appeal without paying fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Fletcher v. Guzman · No. 1:20-cv-03082
- Colleen McMahon
- June 25, 2020
Background
On April 28, 2020, the court directed Shawn Fletcher to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal.
Ruling
The court found that Fletcher had not submitted the application and prisoner authorization or paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
Appeal-Fee Ruling
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The clerk was directed to mail Fletcher a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.