Parker v. Department of Corrections
- Lewis Liman
- 1:20-cv-09408
- U.S. District Court · Southern District of New York
- 1
In Parker v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Parker neither paid the filing fee nor submitted required forms.
The dismissal affected Devorn Parker’s complaint against the Department of Corrections and the other named defendants. The order also affected Parker’s ability to appeal without paying fees.
What happened
Devorn Parker sued the Department of Corrections and other defendants. The court had ordered Parker to submit an application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $400 filing fee.
Parker did not submit the required documents or pay the fee within the time allowed. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to proceed without paying fees on appeal and certified that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon issued the December 17, 2020 order. The order directed the Clerk of Court to mail Parker a copy and record service on the docket.
The detailed version
- Parker v. Department of Corrections · No. 1:20-cv-09408
- Lewis Liman
- Dec. 17, 2020
Background
The court had previously ordered Devorn Parker to submit a completed application to proceed without paying the filing fee and a prisoner authorization within thirty days, or to pay the $400 required filing fee for a civil action. The earlier order stated that failure to comply would result in dismissal of the complaint.
Court’s ruling
The court found that Parker had not submitted the application and prisoner authorization and had not paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not explain the underlying claims against the Department of Corrections or the other defendants.
Appeal and next steps ordered by the court
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to mail Parker 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.