Branch v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09411
- U.S. District Court · Southern District of New York
- 2
In Branch v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Branch neither paid the fees nor submitted required forms.
Edward Branch's complaint was dismissed without prejudice because he did not pay the filing fees or submit the required forms; permission to appeal without paying fees was also denied.
What happened
In Branch v. Department of Corrections, the court gave Edward Branch a choice: pay the required filing fees or submit an application to proceed without paying them and a prisoner authorization form.
The court had warned that failing to comply within 30 days would lead to dismissal. Branch did not pay the fees or submit the required forms.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Branch permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Branch v. Department of Corrections · No. 1:20-cv-09411
- Colleen McMahon
- Jan. 6, 2021
Background
On November 16, 2020, the court directed Plaintiff Edward Branch to do one of two things within 30 days: pay the $400 required to file a civil action, or submit a completed application to proceed without paying the filing fee and a prisoner authorization form. The court warned that failure to comply would result in dismissal.
Court’s Analysis
Branch did not pay the filing fees and did not file the required application or authorization. The opinion therefore dismissed the complaint based on that failure to comply with the court’s filing-fee directive. It did not decide the underlying claims.
The court noted that the filing fees increased to $402 on December 1, 2020, but that increase did not apply because this action was filed before that date.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk was directed to mail Branch a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.