Murray McIver v. Yonkers Mayor
- Colleen McMahon
- 1:21-cv-01251
- U.S. District Court · Southern District of New York
- 1
In Murray McIver v. Yonkers Mayor, 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. Any appeal could not proceed without fees based on the court’s certification and denial of fee-free status.
What happened
In Tamicko Murray McIver v. Yonkers Mayor, McIver was ordered to submit an application to proceed without paying court fees or to pay the $402 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
McIver did neither. The court therefore dismissed the complaint without prejudice, meaning it was not permanently barred from being filed again. The opinion does not address the complaint’s underlying claims.
Chief Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Murray McIver v. Yonkers Mayor · No. 1:21-cv-01251
- Colleen McMahon
- Mar. 25, 2021
Background
The court had directed Plaintiff Tamicko Murray McIver to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, or pay the $402 required to file a civil action. The court’s earlier order warned that failure to comply would result in dismissal.
Court’s ruling
McIver did not submit the application or pay the filing fee. Chief Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not discuss the merits of the complaint or identify the claims it raised.
The court also certified that any appeal from the order would not be taken in good faith. As a result, it denied fee-free status for purposes of an appeal. The Clerk was directed to mail the order to Plaintiff and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.