McIver v. HRA-Fair Hearing
- Colleen McMahon
- 1:21-cv-00781
- U.S. District Court · Southern District of New York
- 1
Judge McMahon dismissed McIver v. HRA-Fair Hearing without prejudice because McIver neither filed a fee-waiver application nor paid the filing fee.
Tamicko Murray McIver's complaint was dismissed without prejudice for failing to submit the required fee-waiver application or pay the $402 filing fee. Permission to appeal without paying fees was also denied.
What happened
In McIver v. HRA-Fair Hearing, the court had ordered Tamicko Murray McIver to submit an application to proceed without paying filing fees or pay the $402 required to file the case.
The court said McIver did neither within the required thirty days. The opinion does not discuss the underlying claims against HRA-Fair Hearing or the other defendants.
Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied McIver permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- McIver v. HRA-Fair Hearing · No. 1:21-cv-00781
- Colleen McMahon
- Mar. 19, 2021
Background
On February 1, 2021, the court directed Plaintiff Tamicko Murray McIver, within thirty days, either to submit a completed application to proceed without paying filing fees or to pay the $402 filing fee required for a civil action in the court.
The court's earlier order warned that failing to comply would result in dismissal of the complaint. The opinion states that McIver did not submit the application or pay the filing fee. It does not describe the underlying claims or explain the parties' dispute.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not specify any additional requirements for a new filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. As a result, it denied permission to appeal without paying fees. The court directed the Clerk of Court to mail the order to McIver and record service on the docket.
Classification
This is a procedural order because the court dismissed the case for failure to pay the filing fee or submit the required fee-waiver application without reaching the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.