Cole v. New York City Department of Corrections
- Katherine Failla
- 1:20-cv-03981
- U.S. District Court · Southern District of New York
- 6
In Cole v. New York City Department of Correction, Judge Failla ordered Cole to pay fees or request permission to proceed without prepayment.
Ronnie Cole, whose case was conditioned on paying the filing fee or submitting the required application and prisoner authorization; the case's listed defendants were not subject to a merits ruling.
What happened
Ronnie Cole brought this case against the New York City Department of Correction and other listed defendants. The opinion does not address the underlying claims.
An earlier order required Cole either to pay the $400 filing fee or submit an application to proceed without prepaying fees, along with a required prisoner authorization. The court said Cole had done neither.
Judge Failla gave Cole until October 30, 2020, to comply and warned that failure to do so would result in dismissal of the case. The order itself did not dismiss the case.
The detailed version
- Cole v. New York City Department of Corrections · No. 1:20-cv-03981
- Katherine Failla
- Oct. 6, 2020
Background
Ronnie Cole filed this civil action without paying the filing fee or submitting a completed application to proceed without prepaying fees. The attached earlier order states that Cole was incarcerated on Rikers Island and was proceeding without a lawyer. That order required him to pay $400 in fees or submit an application to proceed without prepayment, together with a prisoner authorization allowing filing-fee payments to be deducted from his prison account in installments.
Earlier Order and Noncompliance
On May 27, 2020, Chief Judge Colleen McMahon ordered Cole to complete one of those options within thirty days. The October 6 order states that Cole had not paid the fee or submitted the required application. It also attached the earlier order and the relevant forms and directed the Clerk of Court to mail them to Cole.
Ruling
Judge Katherine Polk Failla ordered Cole to comply with the May 27 order by October 30, 2020. The court warned that failure to comply would result in dismissal of the case. The October 6 order did not itself dismiss the case or decide the merits of Cole's claims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.