Castillon Torres v. Jehova
- Colleen McMahon
- 1:21-cv-00135
- U.S. District Court · Southern District of New York
- 1
In Castillon Torres v. Jehova, Chief Judge McMahon dismissed the complaint without prejudice because required filing materials or fees were not submitted.
Avelino Castillon Torres’s complaint was dismissed without prejudice for failure to submit the required fee-waiver materials or pay the $402.00 filing fee. The court also denied fee-waiver status for an appeal.
What happened
In Castillon Torres v. Jehova, the court had ordered Avelino Castillon Torres to submit an application to proceed without paying filing fees, a prisoner authorization, or the $402 filing fee within 30 days. The order warned that failing to comply would lead to dismissal.
Torres did not submit the required application and authorization or pay the fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal. The court did not address the underlying claims.
The detailed version
- Castillon Torres v. Jehova · No. 1:21-cv-00135
- Colleen McMahon
- Feb. 8, 2021
Background
On January 7, 2021, the court directed Plaintiff Avelino Castillon Torres to submit, within 30 days, a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $402.00 filing fee required to start a civil action in the court. The order warned that failure to comply would result in dismissal of the complaint.
Court’s Reasoning
The court stated that Torres had not filed the application or prisoner authorization and had not paid the filing fee. Citing 28 U.S.C. §§ 1914 and 1915, the court dismissed the complaint without prejudice. The opinion does not address the substance of Torres’s claims.
Disposition
The complaint was dismissed without prejudice. The Clerk of Court was directed to mail the order to Torres and record service on the docket. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied status allowing Torres to pursue an appeal without paying fees. Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.