Brewton v. Department of Corrections
- Colleen McMahon
- 1:20-cv-10125
- U.S. District Court · Southern District of New York
- 2
In Brewton v. Department of Corrections, Chief Judge McMahon dismissed the complaint without prejudice after Brewton failed to follow a filing-fee order.
Joe Brewton’s complaint was dismissed without prejudice because he did not comply with the court’s filing-fee or fee-waiver submission order. The court also denied fee-waiver status for an appeal.
What happened
Brewton v. Department of Corrections concerns Joe Brewton’s complaint filed while he was detained at the Vernon C. Bain Center. He filed the case without a lawyer.
The court ordered Brewton to pay the $400 filing fees or submit a completed request to proceed without paying them and a prisoner authorization within 30 days. Brewton did neither and had no further contact with the court.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Brewton v. Department of Corrections · No. 1:20-cv-10125
- Colleen McMahon
- Jan. 20, 2021
Background
Joe Brewton, who was detained at the Vernon C. Bain Center, filed the complaint without a lawyer. The court had previously ordered him either to pay the $400 filing fees required for a civil action or to submit a completed application to proceed without paying those fees and a prisoner authorization within 30 days.
Failure to Comply
Brewton did not comply with that order and did not initiate any further contact with the court, either in writing or otherwise. The opinion does not describe the underlying claims in the complaint.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the Clerk of Court to mail Brewton a copy of the order at his last known address and record service on the docket.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.