Tatum v. John or Jane Doe, M.D.
- Colleen McMahon
- 1:20-cv-10531
- U.S. District Court · Southern District of New York
- 1
In Tatum v. John or Jane Doe, Judge McMahon dismissed the complaint without prejudice because Tatum neither paid the filing fee nor submitted required forms.
Kenneth Tatum’s complaint was dismissed without prejudice because he did not submit the required fee-waiver application and prisoner authorization or pay the filing fee. Permission to appeal without paying fees was also denied.
What happened
In Tatum v. John or Jane Doe, M.D., the court had ordered Kenneth Tatum to submit forms requesting permission to proceed without paying the filing fee, provide prisoner authorization, or pay the required fees.
Tatum did none of those things within the thirty-day deadline set by the court’s December 14, 2020 order. That order warned that failing to comply would lead to dismissal.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Tatum v. John or Jane Doe, M.D. · No. 1:20-cv-10531
- Colleen McMahon
- Feb. 17, 2021
Background
Kenneth Tatum filed a complaint against John or Jane Doe, M.D., and other defendants. On December 14, 2020, the court ordered Tatum, within thirty days, either to submit a completed application to proceed without paying filing fees and a prisoner authorization form or to pay the $400 required to file a civil action. The order warned that failure to comply would result in dismissal.
Court’s ruling
Tatum did not submit the required forms or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
Effect of the order
The complaint was dismissed for failure to comply with the court’s filing requirements. The Clerk of Court was directed to mail the order to Tatum and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.