Brown v. East 92nd Street Associates, LLC
- Colleen McMahon
- 1:20-cv-06886
- U.S. District Court · Southern District of New York
- 1
In Brown v. East 92nd Street Associates, Judge McMahon dismissed the case without prejudice after Brown neither paid filing fees nor submitted the required application.
Rosemarie MacMillan Brown's civil action was dismissed without prejudice because she did not pay the filing fee or submit the required amended application; her request to appeal without paying fees was also denied.
What happened
In Brown v. East 92nd Street Associates, the court had ordered Rosemarie MacMillan Brown to submit a corrected application to avoid paying the filing fee or pay the required $400 fee.
Brown did neither within the time allowed by the court. The opinion does not describe the underlying claims.
Judge Colleen McMahon dismissed the case without prejudice. The court also denied Brown permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Brown v. East 92nd Street Associates, LLC · No. 1:20-cv-06886
- Colleen McMahon
- Oct. 28, 2020
Background The court had previously directed Rosemarie MacMillan Brown to submit an amended application to proceed without paying the filing fee or to pay the $400 required to file a civil action. The prior order gave her thirty days and warned that failing to comply would result in dismissal.
Ruling The court found that Brown had not submitted an amended application or paid the required fees. It therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not discuss any possible refiling requirements.
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 an appeal. The Clerk was directed to mail the order to Brown and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.