Tate v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09487
- U.S. District Court · Southern District of New York
- 1
In Tate v. Department of Corrections, Judge McMahon dismissed the action without prejudice after Tate failed to pay the filing fee or submit required forms.
Morris Tate's civil action was dismissed; the opinion does not describe the underlying claims.
What happened
In Tate v. Department of Corrections, the court had ordered Morris Tate to submit an application to proceed without paying filing fees and a prisoner authorization, or to pay the $400 filing fee.
The court had warned that failing to comply within 30 days would lead to dismissal. Tate did not submit the required forms or pay the fee.
Chief Judge Colleen McMahon dismissed the action without prejudice. She 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
- Tate v. Department of Corrections · No. 1:20-cv-09487
- Colleen McMahon
- Jan. 20, 2021
Background
On November 13, 2020, the court ordered Morris Tate to submit a completed application to proceed without paying filing fees and a prisoner authorization within 30 days, or to pay the $400 required filing fee for a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Tate did not submit the application and prisoner authorization or pay the filing fee. Chief 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 any appeal from the order would not be taken in good faith. It consequently 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.