Thompson v. Nissan North America Incorporated
- Colleen McMahon
- 1:20-cv-08599
- U.S. District Court · Southern District of New York
- 1
In Thompson v. Nissan, Judge McMahon dismissed the complaint without prejudice because Thompson neither paid the filing fee nor submitted an application to proceed without paying it.
Mario A. Thompson’s complaint against Nissan North America Incorporated and the other defendants was dismissed without prejudice because he did not pay the filing fee or submit an application to proceed without paying it. His request to proceed without paying fees on an appeal from this order was also denied.
What happened
In Thompson v. Nissan North America Incorporated, the court had ordered Mario A. Thompson to either submit an application to proceed without paying the filing fee or pay the required $400 filing fee within 30 days.
Thompson did neither. The court therefore dismissed the complaint without prejudice, meaning it was not permanently barred by this order. The court also ruled that Thompson could not proceed without paying fees on an appeal from this order.
Judge Colleen McMahon ordered the Clerk of Court to mail the order to Thompson and record that service on the docket.
The detailed version
- Thompson v. Nissan North America Incorporated · No. 1:20-cv-08599
- Colleen McMahon
- Jan. 5, 2021
Background
On November 2, 2020, the court directed Mario A. Thompson to submit a completed application to proceed without paying filing fees or to pay the $400 required to file a civil action. The order gave Thompson 30 days and warned that failing to comply would lead to dismissal.
Court’s ruling
Thompson did not submit the application or pay the fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order does not state the underlying claims against Nissan North America Incorporated and the other defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. As a result, Thompson was denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to mail Thompson 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.