Cabral v. Department of Corrections
- Colleen McMahon
- 1:20-cv-10116
- U.S. District Court · Southern District of New York
- 1
Cabral v. Brann was dismissed without prejudice for failure to pay filing fees or submit required forms, Judge McMahon ruled.
Victor Cabral's complaint was dismissed without prejudice because he did not submit the required fee-waiver and prisoner-authorization forms or pay the filing fees. The court also denied permission to appeal without paying fees.
What happened
Victor Cabral sued Commissioner Cynthia Brann and other defendants in the Southern District of New York. The court had ordered him to submit an application to proceed without paying the fees and a prisoner authorization, or to pay the required filing fees.
The order gave Cabral thirty days to comply and warned that failing to do so would result in dismissal. Cabral did not submit the required forms or pay the fees.
The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Cabral v. Department of Corrections · No. 1:20-cv-10116
- Colleen McMahon
- Jan. 22, 2021
Background
Victor Cabral filed a civil action against Commissioner Cynthia Brann and other defendants. On December 4, 2020, the court ordered Cabral to submit a completed application to proceed without paying the filing fees and a prisoner authorization, or to pay the $400 required to file the action. The order warned that failing to comply would result in dismissal.
Court’s action
Cabral did not submit the application and prisoner authorization or pay the fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion explains that the ordinary filing fees had increased to $402 on December 1, 2020, but the higher amount did not apply because this action was filed before that date.
Appeal-related ruling
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 appeal without paying fees. Chief United States District Judge Colleen McMahon also directed the clerk to mail Cabral a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.