Velasquez Saavedra v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09484
- U.S. District Court · Southern District of New York
- 1
Velasquez Saavedra v. Department of Corrections: Judge McMahon dismissed the complaint without prejudice because required filing materials or fees were not submitted.
Manuel Velasquez Saavedra's complaint was dismissed without prejudice because he did not submit the required filing documents or pay the filing fee. His request to proceed without paying fees for an appeal was also denied.
What happened
In Velasquez Saavedra v. Department of Corrections, the court had ordered Manuel Velasquez Saavedra to submit a completed request to proceed without paying the filing fee and a prisoner authorization, or pay the required $400 filing fee.
The order warned that failing to comply within 30 days would lead to dismissal. Velasquez Saavedra did not submit the required documents or pay the fee.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to proceed without paying fees for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Velasquez Saavedra v. Department of Corrections · No. 1:20-cv-09484
- Colleen McMahon
- Jan. 19, 2021
Background
On November 30, 2020, the court directed Manuel Velasquez Saavedra to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $400 required to file a civil action. The court warned that failure to comply would result in dismissal.
Ruling
The court found that Velasquez Saavedra had done neither. Under 28 U.S.C. §§ 1914 and 1915, it dismissed the complaint without prejudice. The opinion does not decide the underlying claims against the Department of Corrections or the other defendants.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The clerk was directed to mail the order to Velasquez Saavedra and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.