Utah v. Mount Sinai
- Colleen McMahon
- 1:20-cv-04927
- U.S. District Court · Southern District of New York
- 1
Utah v. Mount Sinai: Judge McMahon dismissed the case without prejudice because Utah neither paid filing fees nor submitted a request to proceed without paying.
Paul Utah's civil action was dismissed without prejudice because he did not submit the required application or pay the filing fees. His request to proceed without paying fees for an appeal was also denied.
What happened
In Paul Utah v. Mount Sinai, the court required Paul Utah to either pay the fees for filing a civil case or ask to proceed without paying them.
The court had given Utah 30 days to complete that request or pay the required $400 in fees, warning that failure to comply would lead to dismissal. Utah did neither.
Judge Colleen McMahon dismissed the action without prejudice and denied permission to proceed without paying fees on appeal after finding that an appeal would not be taken in good faith.
The detailed version
- Utah v. Mount Sinai · No. 1:20-cv-04927
- Colleen McMahon
- Sept. 14, 2020
Background
On July 10, 2020, the court ordered Paul Utah to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, or pay the $400 required to file a civil action in that court. The order warned that failing to comply would result in dismissal.
Court’s ruling
Utah did not submit the application or pay the filing fees. The court therefore dismissed the action without prejudice. The opinion does not address the underlying claims against Mount Sinai.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.