Weaver v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09424
- U.S. District Court · Southern District of New York
- 2
In Weaver v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice after Weaver failed to pay fees or submit required forms.
Jonathan Weaver's complaint was dismissed without prejudice because he did not pay the required filing fees or submit the required application and prisoner authorization. His request to appeal without prepaying fees was also denied.
What happened
In Weaver v. Department of Corrections, the court had ordered Jonathan Weaver to either pay the required filing fees or submit an application to proceed without prepaying fees and a prisoner authorization form within 30 days.
Weaver 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 prepaying fees.
Judge Colleen McMahon ordered the dismissal and directed the Clerk of Court to mail Weaver a copy and record service on the docket. The court also certified that any appeal would not be taken in good faith.
The detailed version
- Weaver v. Department of Corrections · No. 1:20-cv-09424
- Colleen McMahon
- Jan. 6, 2021
Background
By an earlier order dated November 13, 2020, the court directed Plaintiff Jonathan Weaver to do one of two things within 30 days: pay the $400 filing fees required to start a civil action in that court, or submit a completed application to proceed without prepaying fees and a prisoner authorization form. The earlier order warned that failing to comply would result in dismissal of the complaint.
Weaver did not pay the filing fees and did not file the required application or authorization. The opinion does not describe the underlying claims in the complaint.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. This means the dismissal did not bar refiling. The court also directed the Clerk of Court to mail Weaver a copy of the order and note service on the docket.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Weaver permission to appeal without prepaying the appeal fees. The opinion notes that the filing-fee amount increased from $400 to $402 on December 1, 2020, but the $400 amount applied because this action was filed before that date.
Judge
Chief United States District Judge Colleen McMahon issued the order of dismissal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.