Guzman v. Trump
- Colleen McMahon
- 1:20-cv-07501
- U.S. District Court · Southern District of New York
- 1
In Guzman v. Trump, Judge McMahon dismissed the complaint without prejudice because Guzman neither paid the filing fee nor submitted an application to proceed without fees.
Mario Marcial Guzman’s complaint was dismissed without prejudice, and the order denied him permission to appeal without paying the required fees.
What happened
Guzman v. Trump involved Mario Marcial Guzman’s civil complaint against Donald Trump and other defendants. The opinion does not describe the claims.
The court had ordered Guzman to submit an application to proceed without paying filing fees or to pay the required $400 filing fee within 30 days. Guzman did neither.
Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that an appeal would not be taken in good faith and denied Guzman permission to appeal without paying the required fees.
The detailed version
- Guzman v. Trump · No. 1:20-cv-07501
- Colleen McMahon
- Nov. 12, 2020
Background
On September 14, 2020, the court ordered Mario Marcial Guzman to submit a completed application to proceed without paying filing fees, known as an IFP application, or to pay the $400 fee required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint. Guzman did not submit the application or pay the fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore resolved the case based on Guzman’s failure to meet the filing-fee requirement and did not address the substance of his claims. Judge McMahon 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 the required fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.