Jones v. Henderson
- Colleen McMahon
- 1:20-cv-10009
- U.S. District Court · Southern District of New York
- 1
In Jones v. Henderson, Judge McMahon dismissed Denise Jones’s complaint without prejudice after she neither amended her fee application nor paid the filing fee.
Denise Jones’s complaint was dismissed without prejudice, and she was denied permission to proceed without paying fees for an appeal. The opinion does not resolve the claims against Nia Henderson.
What happened
Jones v. Henderson involved Denise Jones’s civil complaint against Nia Henderson. The court ordered Jones to submit an amended request to proceed without paying filing fees or pay the required $400 filing fee within 30 days.
Jones did neither. The opinion does not describe the underlying claims or address their merits.
Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied Jones permission to proceed without paying fees for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Jones v. Henderson · No. 1:20-cv-10009
- Colleen McMahon
- Feb. 8, 2021
Background
Denise Jones filed a civil complaint against Nia Henderson. In an earlier order dated December 7, 2020, the court directed Jones, within 30 days, either to submit an amended application to proceed without paying court fees or to pay the $400 required to file a civil action. The court warned that failing to comply would result in dismissal.
Ruling
Jones did not file an amended application or pay the filing fee. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The order cited the federal filing-fee and fee-waiver statutes, 28 U.S.C. §§ 1914 and 1915. The court did not address the merits of Jones’s claims.
Appeal-related ruling
The court certified that any appeal would not be taken in good faith and denied Jones permission to proceed without paying fees for an appeal. The clerk was directed to mail Jones a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.