Durrell v. State of New York
- Colleen McMahon
- 1:20-cv-03761
- U.S. District Court · Southern District of New York
- 1
In Durrell v. State of New York, Judge McMahon dismissed the action without prejudice after Durrell neither filed the required fee application nor paid filing fees.
Robert Durrell's civil action against the State of New York was dismissed without prejudice because he neither submitted the required amended fee-waiver application nor paid the filing fees.
What happened
In Durrell v. State of New York, the court had ordered Robert Durrell to file a completed application to proceed without paying filing fees or to pay the required $400 in filing fees within 30 days.
Durrell did neither. The court had warned that failing to comply would result in dismissal.
Chief Judge Colleen McMahon dismissed the action without prejudice under Rule 41(b). She also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Durrell v. State of New York · No. 1:20-cv-03761
- Colleen McMahon
- Sept. 9, 2020
Background
The court had previously directed Robert Durrell to submit a completed amended application to proceed without paying filing fees or to pay the $400 required to file a civil action. The order gave him 30 days and warned that failure to comply would result in dismissal.
Court’s Ruling
The court found that Durrell had not filed the amended application and had not paid the required fees. It therefore dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b), which permits dismissal when a plaintiff fails to comply with a court order.
Appeal
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court consequently denied permission to proceed without paying fees for purposes of an appeal. The opinion does not state whether Durrell was represented by a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.