Perez v. Bryant
- Colleen McMahon
- 1:20-cv-00079
- U.S. District Court · Southern District of New York
- 2
In Perez v. Bryant, Chief Judge McMahon gave Perez 30 days to submit an amended fee-waiver application or pay filing fees after an earlier order was mismailed.
Felipe Perez, who was required to submit an amended application to proceed without paying the filing fee or pay the $400 filing fee within 30 days to avoid dismissal of the action.
What happened
In Perez v. Bryant, Felipe Perez brought the action without a lawyer. The court had previously directed him to submit an amended application to proceed without paying the filing fee or to pay the required $400 in fees.
The court determined that its earlier order appeared to have been mailed to the wrong address. It directed the Clerk of Court to mail that order and the new order to Perez’s address listed on the docket. Perez received 30 days from the date of the new order to submit the amended application or pay the $400 fee.
Chief Judge Colleen McMahon did not dismiss the action in this order. She warned that the action would be dismissed if Perez did not comply within the allowed time, and denied fee-free status for any appeal because an appeal from the order would not be taken in good faith.
The detailed version
- Perez v. Bryant · No. 1:20-cv-00079
- Colleen McMahon
- Aug. 28, 2020
Background
Felipe Perez brought this action without a lawyer. In an earlier order dated June 2, 2020, the court directed Perez either to submit an amended application to proceed without paying the filing fee or to pay the $400 fee required to bring a civil action in the court. The opinion states that the earlier order appeared to have been mailed to an incorrect address.
Court’s Order
The court directed the Clerk of Court to remail the June 2 order, along with the August 28 order, to Perez’s address shown on the docket. The court granted Perez 30 days from August 28, 2020, to submit the amended application or pay the $400 filing fee. The court stated that it would dismiss the action if Perez failed to comply within that period.
Appeal Certification
Chief United States District 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 fee-free status for purposes of an appeal. The order itself did not dismiss the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.