McIver v. HRA Human Resource Admini
- Colleen McMahon
- 1:21-cv-00784
- U.S. District Court · Southern District of New York
- 1
In McIver v. HRA Human Resource Admini, Judge McMahon dismissed the complaint without prejudice because McIver neither paid filing fees nor submitted an IFP application.
Tamicko Murray McIver’s complaint was dismissed without prejudice because McIver did not submit the required fee-waiver application or pay the filing fee. The defendant, HRA Human Resource Admini, was affected by the dismissal of the action.
What happened
In McIver v. HRA Human Resource Admini, the court had directed Tamicko Murray McIver to submit an application to proceed without paying filing fees or pay the $402 required to file a civil action. The order warned that failing to do so would lead to dismissal.
McIver did not submit the application or pay the fees within the required thirty days. The opinion does not discuss the claims in the complaint.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She 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
- McIver v. HRA Human Resource Admini · No. 1:21-cv-00784
- Colleen McMahon
- Mar. 17, 2021
Background
The court had previously ordered Tamicko Murray McIver to submit a completed application to proceed without paying filing fees or pay the $402 filing fee required for a civil action. The court gave McIver thirty days to comply and stated that failure to do so would result in dismissal of the complaint.
Court’s Action
The court found that McIver had neither submitted the 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 address the merits of the complaint.
Appeal-Fee Ruling
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.