Sheppard v. Department of Corrections
- John Cronan
- 1:20-cv-09405
- U.S. District Court · Southern District of New York
- 1
In Sheppard v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Sheppard neither paid the filing fee nor submitted required forms.
Cyril Sheppard's complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fee. The court also denied permission to appeal without paying the appellate filing fee.
What happened
In Sheppard v. Department of Corrections, the court had ordered Cyril Sheppard to submit an application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $400 filing fee.
The earlier order warned that failing to comply within thirty days would lead to dismissal. Sheppard did not submit the forms or pay the fee.
The court dismissed the complaint without prejudice. Judge McMahon also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fee.
The detailed version
- Sheppard v. Department of Corrections · No. 1:20-cv-09405
- John Cronan
- Dec. 15, 2020
Background
Cyril Sheppard filed a civil complaint against the Department of Corrections and other defendants. The opinion does not describe the claims in the complaint.
Procedural History
On November 13, 2020, the court ordered Sheppard to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $400 required fee for filing a civil action. The order stated that failing to comply within thirty days would result in dismissal.
Sheppard did not submit the application or prisoner authorization and did not pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion therefore did not address the substance of Sheppard's claims.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the appellate filing fee. The Clerk of Court was directed to mail the order to Sheppard and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.