Craig & Juan v. Disrespectful "SUS"
- Colleen McMahon
- 1:20-cv-08071
- U.S. District Court · Southern District of New York
- 2
In Craig & Juan v. Disrespectful “SUS,” Judge McMahon dismissed the complaint without prejudice after pro se plaintiffs failed to pay fees, seek a fee waiver, or provide addresses.
The pro se plaintiffs, whose complaint was dismissed without prejudice because they did not pay the filing fees or submit applications to proceed without paying them and did not provide addresses.
What happened
In Craig & Juan v. Disrespectful “SUS,” the plaintiffs filed a case without lawyers but did not give the court mailing or email addresses.
The court had ordered each plaintiff either to pay the required $400 filing fees or submit a completed request to proceed without paying them. The plaintiffs did neither and also failed to provide their addresses.
Chief Judge Colleen McMahon dismissed the complaint without prejudice, meaning the plaintiffs were not barred by this order from returning to court. She also ruled that an appeal would not qualify for a fee waiver because it would not be taken in good faith.
The detailed version
- Craig & Juan v. Disrespectful "SUS" · No. 1:20-cv-08071
- Colleen McMahon
- Nov. 24, 2020
Background
Plaintiffs, appearing without lawyers, filed the action but did not provide physical or email addresses to the court. On October 7, 2020, the court ordered them, within 30 days, either to pay the $400 filing fees required for a civil action or for each plaintiff to submit a completed and signed application to proceed without paying those fees. The court also ordered them to provide their addresses and warned that failure to comply would result in dismissal.
Ruling
The plaintiffs did not submit the applications, pay the filing fees, or provide their addresses. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order directed the Clerk of Court to provide copies of the order if the plaintiffs returned or contacted the court and, if they contacted the court, to obtain and docket their mailing addresses and send them specified case documents.
Appeal-fee ruling and effect
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-waiver status for an appeal. The opinion did not address the merits of the plaintiffs’ claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.