Moultrie v. New York City Department of Correction
- Colleen McMahon
- 1:20-cv-02852
- U.S. District Court · Southern District of New York
- 1
In Moultrie v. New York City Department of Correction, Judge McMahon dismissed the complaint without prejudice after Moultrie neither filed authorization nor paid the fee.
Mukadien Moultrie's complaint was dismissed without prejudice because he did not submit the required prisoner authorization or pay the filing fee. The court also denied permission to proceed without paying the fee for an appeal.
What happened
In Moultrie v. New York City Department of Correction, the court had directed Moukadien Moultrie to submit a completed prisoner authorization or pay the $400 filing fee within 30 days.
Moultrie did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Moultrie permission to proceed without paying the appeal fee.
The detailed version
- Moultrie v. New York City Department of Correction · No. 1:20-cv-02852
- Colleen McMahon
- July 7, 2020
Background
By an order dated April 9, 2020, the court directed Plaintiff Mukadien Moultrie, within 30 days, either to submit a completed prisoner authorization or to pay the $400 required fee for filing a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Moultrie did not file the prisoner authorization or pay the fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to mail Moultrie a copy of the order and record service on the docket.
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying the required fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.