Jordan v. New York State Department of Taxation and Finance
- Colleen McMahon
- 1:20-cv-04126
- U.S. District Court · Southern District of New York
- 1
In Jordan v. New York State Department of Taxation and Finance, Judge McMahon dismissed the complaint without prejudice because Jordan neither paid the filing fee nor submitted a waiver request.
Janessa Jordan’s complaint was dismissed without prejudice because she did not pay the required filing fees or submit the required application to proceed without paying them. Permission to appeal without paying the required fees was also denied.
What happened
In Jordan v. New York State Department of Taxation and Finance, the court ordered Janessa Jordan to either pay the required filing fees or submit a completed request to proceed without paying them.
Jordan did neither within the thirty-day deadline. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The opinion does not address the complaint’s underlying claims.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Jordan permission to appeal without paying the required fees.
The detailed version
- Jordan v. New York State Department of Taxation and Finance · No. 1:20-cv-04126
- Colleen McMahon
- Aug. 14, 2020
Background
By an order dated June 11, 2020, the court directed Janessa Jordan to do one of two things within thirty days: submit a completed application to proceed without paying court fees, or pay the $400 required to bring a civil action in the court. The order warned that failing to comply would result in dismissal.
Ruling
Jordan did not submit the application or pay the fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not discuss the merits of the claims.
Appeal
The court 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 permission to appeal without paying the required fees. The Clerk of Court was directed to mail Jordan 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.