Pringle v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09425
- U.S. District Court · Southern District of New York
- 1
In Pringle v. Brann, Chief Judge McMahon dismissed Josiah Pringle’s complaint without prejudice after he neither paid filing fees nor submitted required forms.
Josiah Pringle’s complaint was dismissed without prejudice, and he was denied permission to appeal without paying the appeal fees.
What happened
In Josiah Pringle v. Commissioner Cynthia Brann, et al., the court required Pringle to either pay the fees for filing a civil case or submit forms requesting permission to proceed without paying them upfront.
The court had given Pringle thirty days to provide the required financial form and prisoner authorization or pay the filing fees. He did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying the appeal fees. The opinion does not address the complaint’s underlying claims.
The detailed version
- Pringle v. Department of Corrections · No. 1:20-cv-09425
- Colleen McMahon
- Jan. 5, 2021
Background
On November 18, 2020, the court ordered Josiah Pringle to do one of two things within thirty days: submit a completed application to proceed without paying court fees upfront, along with prisoner authorization, or pay the $400 required to file the civil action. The order warned that failing to comply would result in dismissal.
Ruling
Pringle did not submit the application and prisoner authorization and did not pay the fees. Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court did not reach the merits of the complaint or describe its underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the required fees. The clerk was directed to mail the order to Pringle and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.