McNeil v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09480
- U.S. District Court · Southern District of New York
- 1
Judge McMahon dismissed McNeil v. Department of Corrections without prejudice because McNeil neither paid the filing fee nor submitted required forms.
Justin McNeil's complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fee. The court also denied him permission to appeal without paying appellate fees.
What happened
In McNeil v. Department of Corrections, the court had ordered Justin McNeil to submit forms requesting permission to proceed without paying the filing fee and authorizing collection of fees, or to pay the required $400 fee.
McNeil did not submit the forms or pay the fee within the required thirty days. The court had warned that failing to comply would lead to dismissal.
Judge Colleen McMahon dismissed the complaint without prejudice and denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- McNeil v. Department of Corrections · No. 1:20-cv-09480
- Colleen McMahon
- Jan. 19, 2021
Background
Justin McNeil sued the Department of Corrections and other defendants. On November 30, 2020, the court ordered McNeil either to submit a completed application to proceed without paying the filing fee and a prisoner authorization form, or to pay the $400 required to file a civil action. The court stated that failing to comply within thirty days would result in dismissal.
Court’s ruling
McNeil did not submit the application and prisoner authorization or pay the fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling.
Judge Colleen McMahon also directed the Clerk of Court to mail the order to McNeil and record service on the docket. The court certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.