Rosa v. Brann
- Colleen McMahon
- 1:20-cv-07780
- U.S. District Court · Southern District of New York
- 1
In Rosa v. Brann, Judge McMahon dismissed the complaint without prejudice because Rosa neither paid the filing fee nor submitted required forms.
Eric Rosa, whose complaint was dismissed without prejudice; the opinion does not state the underlying claims.
What happened
In Rosa v. Brann, Eric Rosa did not pay the required filing fee or submit the forms needed to ask to proceed without paying it.
The court had given Rosa thirty days to comply and warned that the complaint would be dismissed if he did not. He did neither.
Judge Colleen McMahon dismissed the complaint without prejudice, meaning it was not permanently barred. She also denied Rosa permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Rosa v. Brann · No. 1:20-cv-07780
- Colleen McMahon
- Dec. 1, 2020
Background
The court had ordered Eric Rosa to do one of two things within thirty days: pay the $400 filing fee required to start a civil action, or submit a completed application to proceed without paying the fee and a prisoner authorization. The order warned that failing to comply would result in dismissal.
Rosa did not pay the filing fee and did not submit the required application and prisoner authorization.
Ruling
Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. 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.