Gaynor v. City of New York
- Colleen McMahon
- 1:20-cv-05226
- U.S. District Court · Southern District of New York
- 1
In Gaynor v. City of New York, Judge McMahon dismissed the complaint without prejudice because Gaynor neither paid the filing fee nor submitted a request to proceed without paying fees.
Zachary Gaynor's complaint was dismissed without prejudice because he did not submit the required application to proceed without paying fees or pay the filing fee. His request to appeal without paying fees was also denied.
What happened
In Gaynor v. City of New York, the court had ordered Zachary Gaynor to submit a completed request to proceed without paying filing fees or pay the $400 filing fee within 30 days.
Gaynor did neither. The court therefore dismissed the complaint without prejudice, allowing it to be filed again.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Gaynor v. City of New York · No. 1:20-cv-05226
- Colleen McMahon
- Sept. 4, 2020
Background
On July 29, 2020, the court directed Plaintiff Zachary Gaynor to submit a completed application to proceed without paying filing fees or pay the $400 required fee for filing a civil action. The order warned that failure to comply would result in dismissal of the complaint.
Ruling
Gaynor did not submit the application or pay the fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to mail the order to Gaynor and record service on the docket.
Appeal-Fee Ruling
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 fees. Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.