Crawley v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09414
- U.S. District Court · Southern District of New York
- 1
In Crawley v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Crawley neither submitted required forms nor paid the filing fee.
Frank Crawley’s complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fee. The order also denied permission to proceed without paying fees on appeal.
What happened
In Crawley v. Department of Corrections, the court had ordered Frank Crawley to submit forms requesting permission to proceed without paying the filing fee or to pay the required $400 fee.
Crawley did neither within the thirty-day deadline set by the court. The court therefore dismissed his complaint without prejudice.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees. The clerk was directed to mail Crawley a copy of the order.
The detailed version
- Crawley v. Department of Corrections · No. 1:20-cv-09414
- Colleen McMahon
- Dec. 17, 2020
Background
On November 16, 2020, the court ordered Frank Crawley either 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 warned that failing to comply would result in dismissal.
Ruling
Crawley did not submit the required application and authorization and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The clerk was directed to mail a copy of the order to Crawley and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.