Persaud v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09491
- U.S. District Court · Southern District of New York
- 1
Persaud v. Brann: Judge McMahon dismissed the complaint without prejudice because Persaud neither paid filing fees nor submitted required forms.
Rampersaud Persaud's complaint was dismissed without prejudice for failure to submit the required filing forms or pay the filing fees.
What happened
In Rampersaud Persaud v. Commissioner Cynthia Brann, Persaud was required to either submit an application to proceed without paying the filing fee and a prisoner authorization, or pay the filing fees.
The court had given Persaud thirty days to comply and warned that failing to do so would result in dismissal. Persaud did not submit the required forms or pay the fees.
Judge Colleen McMahon dismissed the complaint without prejudice and denied Persaud permission to appeal without paying fees, after certifying that an appeal would not be taken in good faith.
The detailed version
- Persaud v. Department of Corrections · No. 1:20-cv-09491
- Colleen McMahon
- Jan. 7, 2021
Background
The court had previously ordered Rampersaud Persaud to submit, within thirty days, a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal.
The opinion states that Persaud did not submit the application or prisoner authorization and did not pay the fees. It also notes that the filing fees increased to $402 on December 1, 2020, but that increase did not apply because this action was filed before that date.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees. The opinion does not explain the underlying claims in the complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.