Barnar v. New York City Department of Corrections
- Katherine Failla
- 1:20-cv-03978
- U.S. District Court · Southern District of New York
- 7
In Barnar v. New York City Department of Corrections, Judge Failla granted Maurice Barnar 14 more days to pay the fee or request permission to proceed without prepaying fees.
Maurice Barnar must either pay the $400 filing fee or submit the required application and prisoner authorization by July 20, 2020. The order states that failure to comply will result in dismissal of the case.
What happened
In Barnar v. New York City Department of Corrections, Maurice Barnar had not paid the required filing fee or submitted an application to proceed without prepaying fees. The court’s earlier order gave him until June 26, 2020, to do so.
The court’s July order says Barnar still had not completed either requirement. It attached the earlier order and the application forms for him to use.
Judge Katherine Polk Failla granted Barnar an additional 14 days, until July 20, 2020, to comply. The order states that failing to do so will result in dismissal of the case; it did not decide the underlying claims.
The detailed version
- Barnar v. New York City Department of Corrections · No. 1:20-cv-03978
- Katherine Failla
- July 6, 2020
Background
Maurice Barnar filed this civil action without a lawyer. The opinion does not describe the substance of his claims against the New York City Department of Correction, the City of New York, the New York State Division of Parole, and the other named defendant identified in the caption as Risa Smalls, Warden.
On May 27, 2020, Judge Colleen McMahon ordered Barnar to either pay the $400 filing fee or submit an application to proceed without prepaying fees, along with a prisoner authorization. The earlier order explained that the fee consisted of a $350 filing fee and a $50 administrative fee. It also stated that a prisoner granted permission to proceed without prepaying fees would still have the $350 filing fee collected in installments from the prisoner’s account. Barnar’s deadline under that order was June 26, 2020.
Current Order
The court stated that Barnar had not paid the filing fee or submitted the required application. Judge Katherine Polk Failla granted him an additional 14 days to comply with the May 27 order. The new deadline was July 20, 2020.
The order states that if Barnar does not comply by that date, the case will be dismissed. The court attached the May 27 order, the application to proceed without prepaying fees, and the prisoner authorization form. This order did not rule on the merits of Barnar’s underlying claims.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.