Boyd v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09392
- U.S. District Court · Southern District of New York
- 2
In Boyd v. Department of Corrections, Judge McMahon dismissed the complaint without prejudice after Boyd failed to pay fees or submit required forms.
Andre Boyd's complaint was dismissed without prejudice because he did not pay the filing fees or submit the required application and prisoner authorization. The court also denied him permission to appeal without paying fees.
What happened
In Boyd v. Department of Corrections, Andre Boyd sued the Department of Corrections and other defendants in federal court.
The court had ordered Boyd to pay the required filing fees or submit a completed request to proceed without paying them, along with a required prisoner authorization. The court warned that failing to comply could result in dismissal, but Boyd did not comply or contact the court further.
The court dismissed the complaint without prejudice, meaning it was not permanently barred on this basis. Judge Colleen McMahon also denied Boyd permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Boyd v. Department of Corrections · No. 1:20-cv-09392
- Colleen McMahon
- Jan. 19, 2021
Background
Andre Boyd, who was detained at the Vernon C. Bain Center, filed a civil complaint against the Department of Corrections and other defendants. The court had previously ordered him either to pay the $400 filing fees or submit a completed application to proceed without paying those fees and a prisoner authorization. That order gave him 30 days to comply and warned that the case would be dismissed if he did not.
Court’s Action
Boyd did not comply with the order and did not contact the court further. The court therefore dismissed his complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against the defendants.
Appeal-Fee Ruling
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Boyd permission to appeal without paying the required fees. The Clerk of Court was directed to mail Boyd a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.