Williams v. BSREP UA 3333 Broadway LLC
- Colleen McMahon
- 1:20-cv-07199
- U.S. District Court · Southern District of New York
- 1
In Williams v. BSREP UA 3333 Broadway LLC, Judge McMahon dismissed the complaint without prejudice because Williams neither paid the filing fee nor applied to proceed without paying it.
Jomo Williams's complaint was dismissed without prejudice after he did not pay the filing fee or submit the required application; his request to appeal without paying fees was also denied.
What happened
In Williams v. BSREP UA 3333 Broadway LLC, the court gave Jomo Williams 30 days to submit an application to proceed without paying filing fees or to pay the required $400 fee.
The court had warned that failing to comply would lead to dismissal. Williams did not submit the application or pay the fee.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Williams permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Williams v. BSREP UA 3333 Broadway LLC · No. 1:20-cv-07199
- Colleen McMahon
- Oct. 30, 2020
Background
Jomo Williams filed a civil complaint against BSREP UA 3333 Broadway LLC, Adult Protective Services, Village Care Max, HPD, and unnamed defendants. The court had previously ordered Williams, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $400 filing fee required for a civil action.
Court’s Ruling
Williams did neither. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling on that basis.
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 appeal without paying fees. The clerk was directed to mail Williams a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.