Fernandez v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09488
- U.S. District Court · Southern District of New York
- 1
Judge McMahon dismissed Fernandez v. Department of Corrections without prejudice because Fernandez neither submitted required forms nor paid the filing fee.
Noel Fernandez’s complaint was dismissed without prejudice because he did not submit the required forms or pay the $400 filing fee. The court also denied permission to appeal without paying appellate fees.
What happened
In Fernandez v. Department of Corrections, the court required Noel Fernandez to submit forms requesting permission to proceed without paying the filing fee or to pay the filing fee for his civil case.
The court had warned that failing to do so within thirty days would lead to dismissal. Fernandez did not submit the forms or pay the fee.
The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling, and denied permission to appeal without paying fees. Judge Colleen McMahon also stated that an appeal would not be taken in good faith.
The detailed version
- Fernandez v. Department of Corrections · No. 1:20-cv-09488
- Colleen McMahon
- Dec. 15, 2020
Background
Noel Fernandez filed a civil complaint against the Department of Corrections and other defendants. On November 13, 2020, the court ordered Fernandez to do one of two things within thirty days: submit a completed application to proceed without paying the filing fee and a required prisoner authorization, or pay the $400 filing fee. The order warned that failing to comply would result in dismissal.
Court’s ruling
The court found that Fernandez had done neither. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the clerk to mail the order to Fernandez and record service on the docket.
Appeal-fee ruling
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees under 28 U.S.C. § 1915(a)(3). Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.