Pagan v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09415
- U.S. District Court · Southern District of New York
- 2
In Pagan v. Department of Corrections, Chief Judge McMahon dismissed Pagan’s complaint without prejudice after he failed to pay fees or submit required forms.
Frank Pagan’s complaint was dismissed without prejudice, and he was denied permission to appeal without paying fees.
What happened
In Pagan v. Department of Corrections, the court had ordered Frank Pagan to either pay the $400 filing fees or submit a completed request to proceed without paying those fees and a required prisoner authorization.
The order gave Pagan 30 days to comply and warned that the case would be dismissed if he did not. Pagan did not comply or contact the court further.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied Pagan permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Pagan v. Department of Corrections · No. 1:20-cv-09415
- Colleen McMahon
- Jan. 20, 2021
Background
Frank Pagan, who was detained at the Vernon C. Bain Center, filed a complaint and sought permission to proceed without paying the filing fees. In an order dated November 16, 2020, the court directed him either to pay the $400 required filing fees or to submit a completed application to proceed without paying those fees and a prisoner authorization. The court gave him 30 days and warned that failure to comply would result in dismissal.
Pagan did not comply with that order and did not contact the court further.
Ruling
Judge Colleen McMahon dismissed Pagan’s complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on Pagan’s failure to comply with the court’s filing-fee or application requirements; the order did not address the underlying claims.
The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to mail Pagan 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.