Dorn v. The State of New York
- Colleen McMahon
- 1:20-cv-04921
- U.S. District Court · Southern District of New York
- 2
In Dorn v. State of New York, Judge McMahon ordered pro se plaintiff Thomas Dorn to pay fees or submit an application within 30 days.
Thomas Dorn, who must pay the required fees or submit a signed application to proceed without prepaying them within 30 days; otherwise, the action will be dismissed.
What happened
Dorn v. The State of New York concerns a civil action brought by Thomas Dorn, who was representing himself. He submitted his complaint without paying the required fees and without an application to proceed without paying them in advance.
The court ordered Dorn, within 30 days, either to pay $400 or submit a signed application to proceed without prepaying the fees. The $400 consists of a $350 filing fee and a $50 administrative fee.
Chief Judge Colleen McMahon directed the Clerk to mail the order to Dorn, stated that no summons would issue at that time, and said the action would be dismissed if Dorn did not comply. The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Dorn v. The State of New York · No. 1:20-cv-04921
- Colleen McMahon
- June 26, 2020
Background
Thomas Dorn brought this action while representing himself. The complaint was submitted without the required fees and without an application to proceed without prepaying fees.
Court’s Order
The court explained that a plaintiff beginning a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application to proceed without prepaying fees under 28 U.S.C. §§ 1914 and 1915.
The court ordered Dorn to do one of those things within 30 days of the order. If he submits the application, it must identify docket number 20-CV-4921 (CM). If the court grants the application, Dorn may proceed without prepaying the fees. The Clerk was directed to mail Dorn a copy of the order and record service on the docket. No summons was to issue at that time.
Disposition
Chief Judge Colleen McMahon ordered payment of the fees or submission of the application. The order states that the action will be dismissed if Dorn does not comply within the allowed time. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.