Schill v. Klosterman
- Colleen McMahon
- 1:20-cv-05900
- U.S. District Court · Southern District of New York
- 1
In Schill v. Klosterman, Judge McMahon dismissed Schill’s complaint without prejudice after he failed to file prisoner authorization or pay filing fees.
Charles Seth Schill’s complaint was dismissed without prejudice. The named correctional-officer defendants were not required to litigate the underlying claims in this order.
What happened
In Schill v. Klosterman, the court directed Charles Seth Schill to complete a prisoner authorization or pay the fees required to file his civil action.
The court’s July 31, 2020 order gave Schill 30 days to comply and warned that failing to do so would result in dismissal. He did not file the authorization or pay the fees.
Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that Schill could not proceed without paying fees on an appeal because any appeal would not be taken in good faith.
The detailed version
- Schill v. Klosterman · No. 1:20-cv-05900
- Colleen McMahon
- Sept. 29, 2020
Background
Charles Seth Schill sued Correctional Officers John Klosterman, Glenn Davis, and Aaron Davis, and Sergeant Tocco. The opinion does not describe the claims.
Filing requirement
In an order dated July 31, 2020, the court directed Schill to submit a completed prisoner authorization or pay the $400 filing fees required to bring a civil action in the court. The order warned that failure to comply would result in dismissal. Schill did neither.
Ruling
Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not decide the underlying claims. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.