Brown v. State of New York
- Colleen McMahon
- 1:20-cv-05280
- U.S. District Court · Southern District of New York
- 1
In Brown v. State of New York, Judge McMahon dismissed the petition without prejudice after Brown neither paid the filing fee nor submitted a fee-waiver application.
Noel Brown’s petition was dismissed without prejudice because he did not pay the filing fee or submit the required fee-waiver application; permission to appeal without paying fees was also denied.
What happened
In Brown v. State of New York, Noel Brown was ordered to either pay the $5 filing fee or submit an application to proceed without paying because of inability to pay. The court gave Brown 30 days to comply.
Brown did neither. The opinion does not describe the petition’s underlying claims or address their merits.
Chief Judge Colleen McMahon dismissed the petition without prejudice. She also denied Brown permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Brown v. State of New York · No. 1:20-cv-05280
- Colleen McMahon
- Aug. 17, 2020
Background
The court had previously ordered Noel Brown to submit a completed application to proceed without paying court fees or to pay the $5 fee required to file a civil action. The order gave Brown 30 days to comply and warned that failure to do so would result in dismissal.
Failure to Pay or Apply for a Fee Waiver
Brown did not submit the application and did not pay the filing fee. The opinion does not state what claims Brown raised or address the underlying legal issues.
Ruling
Chief United States District Judge Colleen McMahon dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The clerk was directed to mail Brown 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.