Ortiz v. Superintendent
- Colleen McMahon
- 1:20-cv-05572
- U.S. District Court · Southern District of New York
- 1
In Ortiz v. Superintendent, Judge McMahon dismissed the complaint without prejudice because Ortiz neither paid the filing fee nor submitted required forms.
Edwin Ortiz's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required forms. The order also denied him permission to appeal without paying fees.
What happened
In Ortiz v. Superintendent, Edwin Ortiz filed a civil complaint in the Southern District of New York.
The court had ordered Ortiz to submit an application to proceed without paying the fee and a prisoner authorization, or to pay the required $400 filing fees, within 30 days. Ortiz did none of these things.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Ortiz permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Ortiz v. Superintendent · No. 1:20-cv-05572
- Colleen McMahon
- Aug. 24, 2020
Background
Edwin Ortiz filed a civil complaint against Superintendent. On July 21, 2020, the court directed Ortiz, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $400 in filing fees required for a civil action.
The court's order warned that failing to comply would result in dismissal. Ortiz did not submit the application or prisoner authorization and did not pay the fee.
Ruling
Chief Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not bar Ortiz from refiling based on this dismissal. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Ortiz permission to appeal without paying fees. The Clerk of Court was directed to mail Ortiz 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.