Ware v. Department of Corrections
- Colleen McMahon
- 1:20-cv-09499
- U.S. District Court · Southern District of New York
- 1
In Ware v. Brann, Judge McMahon dismissed the action without prejudice because Ware neither submitted required filing documents nor paid the filing fee.
Walter Ware's action was dismissed without prejudice because he did not submit the required fee-waiver documents or pay the $400 filing fee. The court also denied him permission to appeal without paying fees.
What happened
Walter Ware sued Commissioner Cynthia Brann and other defendants. The court had ordered Ware to submit an application to proceed without paying the filing fee and a required prisoner authorization, or to pay the $400 filing fee.
Ware did not submit the required documents or pay the fee by the deadline set by the court. The court therefore dismissed the action without prejudice.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Ware permission to appeal without paying fees.
The detailed version
- Ware v. Department of Corrections · No. 1:20-cv-09499
- Colleen McMahon
- Jan. 20, 2021
Background
The court had previously ordered Walter Ware to submit, within thirty days, a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $400 required to file a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Ware did not submit the application and prisoner authorization, and he did not pay the filing fee. The court 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 an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying fees. The clerk was directed to mail the order to Ware and record service on the docket.
Effect
The opinion states that the dismissal was without prejudice. It does not decide the underlying claims against Commissioner Cynthia Brann or the other defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.