McIver v. Department of Social Services
- Colleen McMahon
- 1:21-cv-00783
- U.S. District Court · Southern District of New York
- 1
McIver v. Department of Social Services: Judge McMahon dismissed the complaint without prejudice because McIver neither paid the filing fee nor submitted an application to proceed without payment.
The plaintiff's complaint was dismissed without prejudice because the plaintiff neither paid the filing fee nor submitted the required application to proceed without paying fees. The plaintiff was also denied permission to appeal without paying fees.
What happened
In McIver v. Department of Social Services, the court had ordered the plaintiff to submit a completed application to proceed without paying court fees or pay the $402 filing fee within 30 days. The order warned that failing to do so would result in dismissal.
The plaintiff did neither: no application was filed, and the filing fee was not paid. The opinion does not address the underlying claims.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also denied the plaintiff permission to appeal without paying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- McIver v. Department of Social Services · No. 1:21-cv-00783
- Colleen McMahon
- Mar. 24, 2021
Background
The court had previously ordered Plaintiff to do one of two things within 30 days: submit a completed application to proceed without paying court fees, or pay the $402 required filing fee for a civil action. The earlier order warned that failure to comply would result in dismissal of the complaint.
Plaintiff did not submit the application and did not pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was without prejudice, the opinion does not state that refiling is barred. The court did not decide the merits of Plaintiff’s underlying claims.
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 Plaintiff 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.