Linares v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09497
- U.S. District Court · Southern District of New York
- 1
In Linares v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Linares neither paid the fee nor submitted required forms.
Timothy Linares's complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fee. His request to proceed without paying fees on appeal was also denied.
What happened
In Linares v. Department of Corrections, the court had ordered Timothy Linares to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required $400 fee.
The court's order gave Linares 30 days to comply and warned that failure to do so would result in dismissal. Linares did not submit the forms or pay the fee.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Linares v. Department of Corrections · No. 1:20-cv-09497
- Colleen McMahon
- Dec. 15, 2020
Background
The court had previously directed Timothy Linares to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $400 required to file a civil action. The earlier order warned that failing to comply would result in dismissal. The opinion states that Linares did neither. A footnote says public records indicated that Linares had been released on November 13, 2020, and that he had not provided the court with his current address.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915 because Linares did not comply with the filing-fee requirements. The order therefore did not decide the merits of his claims. The Clerk of Court was directed to mail the order to Linares and record service on the docket.
Appeal-fee ruling
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.