Izeh v. NYPD
- Colleen McMahon
- 1:20-cv-06869
- U.S. District Court · Southern District of New York
- 1
In Izeh v. NYPD, Judge McMahon dismissed the complaint without prejudice because Izeh neither filed the required fee-waiver application nor paid filing fees.
Matthew Izeh’s complaint was dismissed without prejudice because he did not submit the required amended fee-waiver application or pay the filing fee. His request to appeal without paying fees was also denied.
What happened
In Izeh v. NYPD, the court had ordered Izeh to submit a completed application to proceed without paying filing fees or pay the $400 filing fee within 30 days.
Izeh did neither. The opinion does not address the underlying claims against the NYPD or the other defendants.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also denied Izeh permission to appeal without paying fees, after finding that an appeal would not be taken in good faith.
The detailed version
- Izeh v. NYPD · No. 1:20-cv-06869
- Colleen McMahon
- Mar. 12, 2021
Background
On February 2, 2021, the court directed Plaintiff Matthew Izeh to do one of two things within 30 days: submit a completed amended application to proceed without paying filing fees, or pay the $400 required filing fee for a civil action in the court. The order warned that failure to comply would result in dismissal of the complaint.
Court’s Action
The court found that Izeh had neither submitted the amended fee-waiver application nor paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the merits of Izeh’s claims against NYPD or the other defendants.
Other Directions
The court directed the Clerk of Court to mail Izeh a copy of the order and record service on the docket. Chief Judge Colleen McMahon 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.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.