Macedon v. Department of Corrections
- Colleen McMahon
- 1:20-cv-10123
- U.S. District Court · Southern District of New York
- 1
In Macedon v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Macedon neither paid the filing fee nor submitted required forms.
George Macedon’s complaint was dismissed without prejudice because he did not pay the filing fee or submit the required fee-waiver and prisoner-authorization documents; permission to appeal without paying fees was also denied.
What happened
In Macedon v. Department of Corrections, the court had ordered George Macedon to pay the required filing fees or submit an application to proceed without paying them, along with a prisoner authorization.
The court said Macedon did neither within the required thirty days. It therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Macedon v. Department of Corrections · No. 1:20-cv-10123
- Colleen McMahon
- Jan. 5, 2021
Background
George Macedon sued the Department of Corrections and other defendants. On December 3, 2020, the court ordered him, within thirty days, either to pay the $400 required to file a civil action or to submit a completed application to proceed without paying the filing fee and a prisoner authorization. The court warned that failure to comply would result in dismissal.
Court’s ruling
The court found that Macedon had not paid the filing fees and had not filed the required application or prisoner authorization. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of Macedon’s claims.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It consequently denied permission to appeal without paying the filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.