Adderley v. Brann
- Colleen McMahon
- 1:20-cv-07777
- U.S. District Court · Southern District of New York
- 1
In Adderley v. Brann, Judge McMahon dismissed the complaint without prejudice because Adderley neither paid filing fees nor submitted required forms.
Aaron Adderley’s complaint was dismissed without prejudice because he did not pay the filing fee or submit the required application and prisoner authorization. The court also denied fee-free status for an appeal.
What happened
In Adderley v. Brann, the court had ordered Aaron Adderley to pay the required filing fees or submit an application to proceed without paying them, along with a prisoner authorization.
Adderley did neither within the required thirty days, so the court dismissed the complaint without prejudice. This means the dismissal did not bar him from filing again, as the opinion states.
Judge Colleen McMahon also denied Adderley's request to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Adderley v. Brann · No. 1:20-cv-07777
- Colleen McMahon
- Dec. 1, 2020
Background
The court had previously ordered Plaintiff Aaron Adderley to do one of two things within thirty days: pay the $400 required to file a civil action, or submit a completed application to proceed without paying the filing fee and a prisoner authorization. The earlier order warned that failing to comply would result in dismissal.
Court’s Ruling
Adderley did not submit the required application and prisoner authorization and did not pay the filing fee. 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, as stated in the order.
Judge Colleen McMahon also certified that any appeal would not be taken in good faith and denied Adderley 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.