Barrow v. Department of Corrections
- Edgardo Ramos
- 1:20-cv-09417
- U.S. District Court · Southern District of New York
- 1
In Barrow v. Brann, Judge McMahon dismissed the action without prejudice because Barrow neither filed required forms nor paid the filing fees.
The dismissal ended Hakiem Barrow's action at that stage but was without prejudice. The court also denied fee-free status for any appeal from the order.
What happened
Hakiem Barrow sued Commissioner Cynthia Brann and other defendants. The court had ordered Barrow to file an application to proceed without paying filing fees and a prisoner authorization, or to pay the required $400 in filing fees.
Barrow did not file the required documents or pay the fees by the deadline. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Barrow v. Department of Corrections · No. 1:20-cv-09417
- Edgardo Ramos
- Jan. 20, 2021
Background
Hakiem Barrow brought this civil action against Commissioner Cynthia Brann and other defendants. On November 16, 2020, the court ordered Barrow to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $400 in fees required to file a civil action. The court warned that failing to comply would result in dismissal.
Ruling
The court stated that Barrow had neither filed the application and authorization nor paid the fees. Chief United States District Judge Colleen McMahon therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.