Rosario v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09410
- U.S. District Court · Southern District of New York
- 1
In Rosario v. Department of Corrections, Judge McMahon dismissed the action without prejudice because Rosario neither submitted required forms nor paid filing fees.
Emmanuel Rosario's action was dismissed without prejudice because he did not complete the required fee-related filings or pay the filing fees; the opinion does not resolve his underlying claims.
What happened
In Rosario v. Department of Corrections, the court had ordered Emmanuel Rosario to submit an application to proceed without paying the filing fee and a required prisoner authorization, or pay the filing fees.
The court's earlier order gave Rosario thirty days to comply and warned that the case would be dismissed if he did not. Rosario did not submit the forms or pay the fees.
Judge Colleen McMahon dismissed the action without prejudice. She also denied Rosario permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Rosario v. Department of Corrections · No. 1:20-cv-09410
- Colleen McMahon
- Jan. 20, 2021
Background
The court's November 16, 2020 order directed Emmanuel Rosario to do one of two things within thirty days: submit an application to proceed without paying the filing fee and a prisoner authorization, or pay the $400 in filing fees required to bring a civil action in the court. That order warned that failing to comply would result in dismissal.
Court's Ruling
Rosario did not submit the application and prisoner authorization or pay the fees. Judge Colleen McMahon therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion does not address the merits of Rosario's claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.