Plummer v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09489
- U.S. District Court · Southern District of New York
- 2
In Plummer v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice because Plummer neither paid the filing fee nor submitted required forms.
Orlando Plummer's complaint was dismissed without prejudice because he did not pay the filing fees or submit the required application and prisoner authorization. The order also denied permission to appeal without paying the required fees.
What happened
In Plummer v. Department of Corrections, the court had ordered Orlando Plummer to pay the required filing fee or submit an application to proceed without paying it and a prisoner authorization form within 30 days.
Plummer did neither. The court had warned that failing to comply would lead to dismissal, and the complaint was therefore dismissed without prejudice.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
The detailed version
- Plummer v. Department of Corrections · No. 1:20-cv-09489
- Colleen McMahon
- Jan. 6, 2021
Background
The court's November 13, 2020 order directed Plaintiff Orlando Plummer to do one of two things within 30 days: pay the $400 filing fees required to begin a civil action in the court, or submit a completed application to proceed without paying those fees and a prisoner authorization form. The order warned that the complaint would be dismissed if he did not comply.
Ruling
The court found that Plummer had not paid the filing fees and had not submitted the required application or authorization. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claims.
Because the action was filed before December 1, 2020, the court stated that the later increase in filing fees from $400 to $402 did not apply. Judge Colleen McMahon also certified under 28 U.S.C. § 1915(a)(3) that any appeal 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 Plummer and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.