Rosa v. Doe
- Colleen McMahon
- 1:20-cv-07799
- U.S. District Court · Southern District of New York
- 1
In Rosa v. Doe, Chief Judge McMahon dismissed the complaint without prejudice because Rosa neither paid the filing fee nor submitted required forms.
Juan Rosa, whose complaint was dismissed without prejudice; the court also denied permission to proceed without paying fees for an appeal.
What happened
In Rosa v. Doe, the court had ordered Juan Rosa to submit forms requesting permission to proceed without paying filing fees and prisoner authorization, or to pay the $400 filing fee.
Rosa did not submit the required forms or pay the fee. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.
The detailed version
- Rosa v. Doe · No. 1:20-cv-07799
- Colleen McMahon
- Nov. 2, 2020
Background
On October 1, 2020, the court ordered Juan Rosa to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $400 required fee for filing a civil action. The order warned that failing to comply would result in dismissal.
Ruling
Rosa did not submit the application or prisoner authorization and did not pay the fee. Chief Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal. The Clerk was directed to mail Rosa 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.