Joseph v. Edwards
- Colleen McMahon
- 1:20-cv-07412
- U.S. District Court · Southern District of New York
- 1
In Joseph v. Edwards, Chief Judge McMahon dismissed the complaint without prejudice after Christopher Joseph neither filed the required form nor paid filing fees.
Christopher Joseph's complaint was dismissed without prejudice because he did not submit the required amended fee-waiver application or pay the $400 filing fee. His request to appeal without paying fees was also denied.
What happened
In Joseph v. Edwards, the court had ordered Christopher Joseph to submit an amended request to proceed without paying filing fees or to pay the $400 required to file a civil action. The order gave him thirty days and warned that failing to comply would lead to dismissal.
Joseph did not submit the amended request or pay the fees. The court therefore dismissed the complaint without prejudice. It also directed the Clerk of Court to mail Joseph a copy of the order and record service on the docket.
Chief Judge Colleen McMahon further ruled that any appeal would not be taken in good faith and denied Joseph permission to proceed without paying fees for an appeal.
The detailed version
- Joseph v. Edwards · No. 1:20-cv-07412
- Colleen McMahon
- Dec. 11, 2020
Background
On October 14, 2020, the court directed Christopher Joseph to submit an amended application to proceed without paying filing fees, or to pay the $400 filing fee required for a civil action. The court's earlier order gave Joseph thirty days to comply and warned that failure to do so would result in dismissal of the complaint.
Ruling
The court found that Joseph had done neither: he did not file an amended application and did not pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against Edwards, C.O. Peralta, Captain Colon, or Valero.
Appeal-Fee Ruling
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied Joseph permission to appeal without paying the required fees. The Clerk of Court was directed to mail Joseph a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.