Moncion v. The City of New York NYPD
- Laura Swain
- 1:20-cv-08974
- U.S. District Court · Southern District of New York
- 1
Judge McMahon dismissed Moncion v. The City of New York NYPD without prejudice because Moncion neither paid the filing fee nor submitted an IFP application.
Betty M. Moncion’s complaint was dismissed without prejudice because she did not submit the required application to proceed without paying the filing fee or pay the $400 filing fee. The order also denied her permission to appeal without paying appeal fees.
What happened
In Moncion v. The City of New York NYPD, the court had ordered Betty M. Moncion to either submit an application to proceed without paying the filing fee or pay the required $400 fee.
Moncion did neither within the required thirty days. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not permanently bar refiling. It also denied permission to appeal without paying the appeal fees.
Chief United States District Judge Colleen McMahon issued the order on February 11, 2021.
The detailed version
- Moncion v. The City of New York NYPD · No. 1:20-cv-08974
- Laura Swain
- Feb. 11, 2021
Background
By an order dated November 2, 2020, the court directed Plaintiff Betty M. Moncion, within thirty days, to either submit a completed application to proceed without paying the filing fee (an “IFP application”) or pay the $400 fee required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
The court found that Moncion had not submitted an IFP application or paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order also directed the Clerk of Court to mail a copy to Moncion and record service on the docket.
The court certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. This meant Moncion could not pursue the appeal without paying the applicable appeal fees under the court’s ruling.
Effect
The opinion does not decide the underlying claims against The City of New York NYPD or the other defendants. The dismissal was based on the failure to submit the required IFP application or pay the filing fee, and it was without prejudice.
Judge
Chief United States District Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.