Madison v. Metropolitan Transportation Authority
- Colleen McMahon
- 1:20-cv-11137
- U.S. District Court · Southern District of New York
- 1
In Madison v. Metropolitan Transportation Authority, Judge McMahon dismissed the complaint without prejudice after Madison failed to correct filing deficiencies.
Madison’s complaint against the Metropolitan Transportation Authority was dismissed without prejudice because he did not comply with the court’s filing instructions. The court also denied fee-waiver status for any appeal.
What happened
In Madison v. Metropolitan Transportation Authority, the court had ordered Madison to submit an original signature page and either pay the $402 filing fee or file a complete application to proceed without paying the fee.
Madison did not submit the signed page or an amended application. The court therefore dismissed the complaint without prejudice.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Madison permission to proceed without paying fees for an appeal.
The detailed version
- Madison v. Metropolitan Transportation Authority · No. 1:20-cv-11137
- Colleen McMahon
- Feb. 8, 2021
Background
In a January 5, 2021 order, the court directed Madison to resubmit the complaint’s signature page with an original signature. The court also directed him either to pay the $402 filing fee or to submit a fully completed application to proceed without paying the filing fee because his original application did not answer all the questions on the form. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Madison did not submit the signed signature page or an amended fee-waiver application. The court dismissed the complaint without prejudice, citing Federal Rule of Civil Procedure 11(a). A dismissal without prejudice does not bar a later filing based solely on the dismissal stated in this order. The opinion does not address the merits of Madison’s claims against the Metropolitan Transportation Authority.
Appeal-Fee Ruling
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.