Reed v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09490
- U.S. District Court · Southern District of New York
- 1
In Reed v. Department of Corrections, Chief Judge McMahon dismissed the complaint without prejudice because Reed neither paid the filing fee nor submitted required forms.
Paul Reed's complaint was dismissed without prejudice because he did not pay the filing fee or submit the required forms. The court also denied him permission to appeal without paying the appeal filing fees.
What happened
In Reed v. Department of Corrections, the court had ordered Paul Reed to submit an application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $400 filing fee. The order warned that failing to do so within 30 days would lead to dismissal.
Reed did not submit the forms or pay the fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar a new filing.
Chief Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Reed permission to appeal without paying the appeal filing fees.
The detailed version
- Reed v. Department of Corrections · No. 1:20-cv-09490
- Colleen McMahon
- Jan. 19, 2021
Background
The court had previously ordered Paul Reed to submit 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 November 30, 2020 order gave Reed 30 days to comply and stated that the complaint would be dismissed if he did not.
Ruling
Reed did not submit the application and authorization or pay the filing fee. Chief United States District Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
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 therefore denied permission to appeal without paying the appeal filing fees. The opinion did not decide the underlying claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.