Smith v. Department of Corrections
- Ronnie Abrams
- 1:20-cv-09501
- U.S. District Court · Southern District of New York
- 2
In Smith v. Brann, Judge McMahon dismissed Willie Smith’s complaint without prejudice after he did not pay fees or submit required forms.
Willie Smith’s complaint was dismissed without prejudice because he did not pay the filing fee or submit the required fee-waiver application and prisoner authorization. His request to appeal without paying fees was also denied.
What happened
In Smith v. Commissioner Cynthia Brann, Willie Smith filed a civil complaint in federal court.
The court had ordered Smith to either pay the required $400 filing fee or submit an application to proceed without paying the fee and a prisoner authorization form. Smith did neither.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Smith v. Department of Corrections · No. 1:20-cv-09501
- Ronnie Abrams
- Jan. 6, 2021
Background
The court’s November 17, 2020 order required Willie Smith to do one of two things within thirty 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. The order warned that failing to comply would lead to dismissal.
Smith did not pay the filing fee and did not submit the required application or authorization. The opinion explains that the $400 fee applied because the case was filed before December 1, 2020, when the required fees increased to $402.
Ruling
Chief Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order also states that any appeal would not be taken in good faith and therefore denies permission to appeal without paying the required fees. The Clerk of Court was directed to mail Smith 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.