Martinez v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09422
- U.S. District Court · Southern District of New York
- 1
In Martinez v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice after Martinez neither paid filing fees nor submitted required forms.
Jonathan Martinez’s complaint was dismissed without prejudice. The order did not decide the underlying claims against the Department of Corrections or the other defendants.
What happened
In Martinez v. Department of Corrections, the court had previously ordered Jonathan Martinez to submit a request to proceed without paying filing fees and a prisoner authorization, or to pay the $400 filing fee.
The order warned that failing to comply within thirty days would result in dismissal. Martinez did not submit the required documents or pay the fee.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Martinez permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Martinez v. Department of Corrections · No. 1:20-cv-09422
- Colleen McMahon
- Jan. 5, 2021
Background
On November 19, 2020, the court directed Jonathan Martinez to do one of two things within thirty days: submit a completed application to proceed without paying the filing fee and a required prisoner authorization, or pay the $400 filing fee for a civil action. The court warned that failure to comply would result in dismissal.
Court’s ruling
The court found that Martinez had done neither. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the order did not bar refiling based on this dismissal.
Chief Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The clerk was directed to mail Martinez 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.