Herrera v. Trump
- Colleen McMahon
- 1:20-cv-09388
- U.S. District Court · Southern District of New York
- 1
In Herrera v. Trump, Judge McMahon dismissed the complaint without prejudice because Herrera neither paid the filing fee nor submitted required forms.
Christopher William Herrera's complaint was dismissed without prejudice. Donald Trump and the other defendants were affected because the case did not proceed, but the opinion does not describe the claims against them.
What happened
In Herrera v. Trump, the court had ordered Christopher William Herrera to submit an application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $400 filing fee. The order warned that failing to do so would result in dismissal.
Herrera did not submit the required forms or pay the fee. The opinion does not describe the underlying claims against Donald Trump and the other defendants.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Herrera v. Trump · No. 1:20-cv-09388
- Colleen McMahon
- Dec. 11, 2020
Background
The court had previously ordered Plaintiff Christopher William Herrera, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $400 filing fee required to file a civil action. The prior order stated that failure to comply would result in dismissal of the complaint.
Court’s ruling
The court found that Herrera had not submitted the application and prisoner authorization or paid the filing fee. Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of the claims against Donald Trump or the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to mail the order to Herrera and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.