Hamilton v. Edwards
- Colleen McMahon
- 1:20-cv-07108
- U.S. District Court · Southern District of New York
- 1
In Hamilton v. Edwards, Judge McMahon dismissed Hamilton’s complaint without prejudice after he neither paid the filing fee nor submitted required forms.
Briyton William Hamilton, whose complaint was dismissed without prejudice and whose request to appeal without paying the appeal filing fee was denied.
What happened
In Hamilton v. Edwards, the court had ordered Briyton William Hamilton to submit a request to proceed without paying filing fees and a required prisoner authorization, or to pay the filing fee.
Hamilton did not submit the required forms or pay the fee by the deadline. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Hamilton permission to appeal without paying the appeal filing fee.
The detailed version
- Hamilton v. Edwards · No. 1:20-cv-07108
- Colleen McMahon
- Nov. 16, 2020
Background
The court had previously ordered Briyton William Hamilton to submit a completed application to proceed without paying the filing fee, along with a required prisoner authorization, within 30 days. Alternatively, he could pay the $400 filing fee required to bring a civil action in the court. The earlier order warned that failing to comply would result in dismissal.
Ruling
Hamilton did not submit the application and prisoner authorization or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not bar Hamilton from refiling, although the opinion does not describe any requirements for a future filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It denied Hamilton permission to appeal without paying the appeal filing fee. The Clerk of Court was directed to mail Hamilton 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.