Ortiz v. Department of Corrections
- Colleen McMahon
- 1:20-cv-10127
- U.S. District Court · Southern District of New York
- 1
In Ortiz v. Department of Correction, Judge McMahon dismissed the complaint without prejudice after Ortiz failed to pay fees or submit required forms.
Juan Ortiz’s complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fee. His request to proceed without paying fees for an appeal was also denied.
What happened
In Ortiz v. Department of Correction, Juan Ortiz was ordered to submit an application to proceed without paying the filing fee and a required prisoner form, or pay the court’s $400 filing fee.
The December 28, 2020 order gave Ortiz thirty days to comply and warned that the complaint would be dismissed if he did not. Ortiz did not submit the forms or pay the fee.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Ortiz permission to proceed without paying fees for an appeal, after certifying that an appeal would not be taken in good faith.
The detailed version
- Ortiz v. Department of Corrections · No. 1:20-cv-10127
- Colleen McMahon
- Feb. 3, 2021
Background
Juan Ortiz filed a civil complaint against the Department of Correction and other defendants. On December 28, 2020, the court ordered Ortiz, within thirty days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $400 required filing fee. The order warned that failure to comply would result in dismissal.
Court’s Ruling
Ortiz did not submit the application or prisoner authorization and did not pay the filing fee. Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to mail Ortiz a copy of the order and record service on the docket.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.