Ali v. The State of New York
- Colleen McMahon
- 1:21-cv-01145
- U.S. District Court · Southern District of New York
- 1
In Ali v. New York, Judge McMahon dismissed Minister Taliv Ali’s case without prejudice because he filed without required court permission.
Minister Taliv Ali’s action was dismissed without prejudice, and he was denied fee-free status for an appeal. The opinion does not impose a separate merits ruling on the named defendants.
What happened
Ali v. The State of New York was filed by Minister Taliv Ali, who was representing himself and sought permission to proceed without paying filing fees.
A 2008 court order barred him from filing new cases without paying fees unless he first obtained permission from the court. He did not seek that permission before filing this case.
Judge Colleen McMahon dismissed Ali v. The State of New York without prejudice for violating the earlier order. She also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Ali v. The State of New York · No. 1:21-cv-01145
- Colleen McMahon
- Feb. 10, 2021
Background
Minister Taliv Ali filed this action without a lawyer and asked to proceed without paying the filing fee. The opinion states that a September 15, 2008 order barred him from filing any new fee-free action unless he first obtained permission from the court. In this case, he had not requested that permission. The opinion also states that Ali again challenged his 1994 conviction.
Ruling
Under 28 U.S.C. § 1651, Judge Colleen McMahon dismissed the action without prejudice because Ali failed to comply with the 2008 order. The court directed the Clerk of Court to mail Ali 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 Ali permission to proceed without paying fees for purposes of an appeal. The opinion does not decide the merits of Ali’s challenge to his conviction.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.