Jackson v. Department of Corrections
- Vernon Broderick
- 1:20-cv-09420
- U.S. District Court · Southern District of New York
- 1
In Jackson v. Brann, Chief Judge McMahon dismissed James Jackson’s complaint without prejudice for not submitting required forms or paying filing fees.
James Jackson’s complaint was dismissed without prejudice, and he was denied permission to proceed without paying fees for an appeal.
What happened
James Jackson sued Commissioner Cynthia Brann and other defendants in the Southern District of New York. The court had ordered him to submit a fee-waiver request and prisoner authorization or pay the required filing fees within 30 days.
Jackson did not submit the required documents or pay the fees. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Jackson permission to proceed without paying appeal fees.
The detailed version
- Jackson v. Department of Corrections · No. 1:20-cv-09420
- Vernon Broderick
- Jan. 5, 2021
Background
By an order dated November 18, 2020, the court directed James Jackson to submit a completed application to proceed without paying the filing fees (an “IFP application”) and a prisoner authorization, or to pay the $400 required to file a civil action. The order warned that failure to comply would result in dismissal. The opinion states that because the action was filed before December 1, 2020, the later increase in filing fees did not apply.
Ruling
Jackson did not file the IFP application and prisoner authorization or pay the fees. 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 IFP status for purposes of an appeal. The clerk was directed to mail Jackson a copy of the order and record service on the docket.
Judge
Chief United States District Judge Colleen McMahon entered the order on January 5, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.