Stubbs v. Orange County Jail Administration & Grievence Office
- Colleen McMahon
- 1:21-cv-00659
- U.S. District Court · Southern District of New York
- 1
In Stubbs v. Orange County Jail Administration & Grievence Office, Chief Judge McMahon dismissed the complaint without prejudice after Stubbs failed to pay fees or submit required forms.
Cornelius Stubbs’s complaint was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. The order also denied permission to appeal without paying fees.
What happened
In Stubbs v. Orange County Jail Administration & Grievence Office, the court had ordered Cornelius Stubbs to submit forms requesting permission to proceed without paying filing fees, provide prisoner authorization, or pay the required $402 filing fees. The order warned that failing to do so would result in dismissal.
Stubbs did not submit the forms or pay the fees. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling. The order did not decide the underlying claims.
Chief United States District Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Stubbs v. Orange County Jail Administration & Grievence Office · No. 1:21-cv-00659
- Colleen McMahon
- Mar. 1, 2021
Background
By an order dated January 26, 2021, the court directed Cornelius Stubbs to do one of three things within 30 days: submit a completed application to proceed without paying the filing fee, submit prisoner authorization, or pay the $402 required to file a civil action. The court warned that failing to comply would result in dismissal.
Court’s ruling
The court found that Stubbs had not submitted the application or prisoner authorization and had not paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not reach the merits of Stubbs’s claims.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to mail the order to Stubbs and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.