Salgado v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09492
- U.S. District Court · Southern District of New York
- 2
In Salgado v. Brann, Judge McMahon dismissed the complaint without prejudice after Salgado failed to pay fees or submit required forms.
Raymond Salgado’s complaint was dismissed without prejudice because he did not pay the filing fees or submit the required application and prisoner authorization. The court also denied permission to appeal without paying fees.
What happened
In Salgado v. Department of Corrections, the court had ordered Raymond Salgado to either pay the required filing fees or submit an application to proceed without paying them and a prisoner authorization. The order gave him thirty days and warned that failing to comply would result in dismissal.
Salgado did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
Judge Colleen McMahon issued the order on January 6, 2021. The order resolved the case based on Salgado’s failure to satisfy filing requirements and did not decide the underlying claims.
The detailed version
- Salgado v. Department of Corrections · No. 1:20-cv-09492
- Colleen McMahon
- Jan. 6, 2021
Background
Raymond Salgado filed a civil action. On November 17, 2020, the court ordered him to do one of two things within thirty days: pay the $400 required to file the action, or submit a completed application to proceed without paying the filing fee and a prisoner authorization. The order warned that failure to comply would result in dismissal.
The order noted that the filing fees increased to $402 on December 1, 2020, but that the $400 amount applied because Salgado’s action was filed before that date.
Ruling
Salgado did not pay the filing fees and did not submit the required application and authorization. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The ruling was based on failure to comply with filing requirements; the court did not address the merits of the complaint.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees. Judge Colleen McMahon directed the Clerk of Court to mail the order to Salgado and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.