Jones v. Henderson
- Colleen McMahon
- 1:20-cv-10008
- U.S. District Court · Southern District of New York
- 2
In Jones v. Henderson, Judge McMahon dismissed Denise Jones’s complaint without prejudice after she neither amended her fee-waiver application nor paid the filing fees.
Denise Jones’s complaint was dismissed without prejudice because she did not submit the required amended fee-waiver application or pay the filing fees. The court also denied fee-waiver status for an appeal.
What happened
In Jones v. Henderson, the court had ordered Denise Jones to submit a completed application to waive the filing fees or pay the $400 required to file her civil case. The order gave her thirty days and warned that failing to comply would result in dismissal.
Jones did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also said an appeal would not be taken in good faith and denied fee-waiver status for any appeal.
Chief United States District Judge Colleen McMahon issued the dismissal order on February 8, 2021.
The detailed version
- Jones v. Henderson · No. 1:20-cv-10008
- Colleen McMahon
- Feb. 8, 2021
Background
On December 7, 2020, the court directed Denise Jones to submit a completed amended application to proceed without paying filing fees or to pay the $400 in fees required to file a civil action. The court gave Jones thirty days to comply and warned that the complaint would be dismissed if she did not.
The order noted that the filing-fee increase that took effect on December 1, 2020, did not apply because this action had been filed earlier. The applicable amount for this action was therefore $400, rather than the later amount of $402.
Ruling
The court found that Jones had neither filed the amended fee-waiver application nor paid the required fees. It dismissed the complaint 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 and denied fee-waiver status for purposes of an appeal. Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail Jones a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.