Dubose v. Belfi
- Colleen McMahon
- 1:20-cv-00424
- U.S. District Court · Southern District of New York
- 1
In Dubose v. Belfi, Judge McMahon dismissed the complaint without prejudice because Dubose neither submitted the required prisoner authorization nor paid the filing fee.
Jerrold Eugene Dubose was affected: his complaint was dismissed without prejudice for failing to submit the required prisoner authorization or pay the filing fee, and permission to appeal without paying fees was denied.
What happened
In Dubose v. Belfi, the court had ordered Dubose to submit a completed prisoner authorization or pay the $400 filing fee within thirty days.
Dubose did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Dubose permission to appeal without paying the required fees.
The detailed version
- Dubose v. Belfi · No. 1:20-cv-00424
- Colleen McMahon
- July 27, 2020
Background
On May 14, 2020, the court ordered Plaintiff Jerrold Eugene Dubose to submit a completed prisoner authorization or pay the $400 fee required to file a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Ruling
The court found that Dubose had not filed the required authorization or paid the fee. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Dubose permission to appeal without paying the required fees. The Clerk of Court was directed to mail the order to Dubose and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.