Hines v. Young
- Colleen McMahon
- 1:20-cv-09837
- U.S. District Court · Southern District of New York
- 1
In Hines v. Young, Judge McMahon dismissed the action without prejudice because Hines neither paid filing fees nor submitted required forms.
Rory Hines's action was dismissed without prejudice, and permission to appeal without paying the appellate filing fee was denied.
What happened
In Hines v. Young, the court required Rory Hines to submit forms requesting permission to proceed without paying filing fees and authorizing deductions from a prisoner account, or to pay the filing fees.
Hines did not submit the required forms or pay the fees within the time ordered by the court. The court had warned that failing to comply would result in dismissal.
Judge Colleen McMahon dismissed the action without prejudice. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Hines v. Young · No. 1:20-cv-09837
- Colleen McMahon
- Jan. 29, 2021
Background
The court had previously ordered Rory Hines to submit a completed application to proceed without paying the filing fee and a prisoner authorization, or to pay the $400 in fees required to file a civil action. The order gave Hines 30 days to comply and warned that the case would be dismissed if he did not.
Ruling
Hines did not submit the required application and authorization or pay the fees. Judge Colleen McMahon therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fee under 28 U.S.C. § 1915(a)(3).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.