Banks v. New York State Department of Corrections and Community Supervision
- Colleen McMahon
- 1:20-cv-08791
- U.S. District Court · Southern District of New York
- 1
In Banks v. New York State Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Banks neither paid fees nor submitted required forms.
Christopher Banks's complaint against the New York State Department of Corrections and Community Supervision and the other named defendants was dismissed without prejudice. Banks was also denied permission to appeal without paying the appeal fee.
What happened
In Banks v. New York State Department of Corrections and Community Supervision, the court had ordered Christopher Banks to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required filing fees.
Banks did neither within the required thirty-day period. The court therefore dismissed his complaint without prejudice, meaning the opinion did not bar him from filing again.
Judge Colleen McMahon also denied permission to appeal without paying the appeal fee, finding that an appeal would not be taken in good faith.
The detailed version
- Banks v. New York State Department of Corrections and Community Supervision · No. 1:20-cv-08791
- Colleen McMahon
- Jan. 5, 2021
Background
The court had previously ordered Christopher Banks, within thirty days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $400 in fees required to file a civil action. The earlier order warned that failing to comply would result in dismissal.
Ruling
The court found that Banks had not submitted the application and prisoner authorization and had not paid the fee. It dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
Appeal-Fee Determination
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 Banks permission to appeal without paying the appeal fee. The clerk was directed to mail Banks a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.