Herrera v. Trump
- Colleen McMahon
- 1:21-cv-01671
- U.S. District Court · Southern District of New York
- 1
In Herrera v. Trump, Judge McMahon dismissed the complaint without prejudice because Herrera neither paid the filing fee nor submitted prisoner authorization.
Christopher William Herrera's complaint was dismissed without prejudice, and his request to appeal without paying fees was denied; the order did not resolve the claims against Donald Trump or the other defendants.
What happened
In Herrera v. Trump, the court had ordered Christopher William Herrera to pay the $402 filing fee or submit a completed prisoner authorization within 30 days.
Herrera did neither, so the court dismissed his complaint without prejudice. The court also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon entered the dismissal on April 5, 2021, without deciding the claims against Donald Trump or the other defendants.
The detailed version
- Herrera v. Trump · No. 1:21-cv-01671
- Colleen McMahon
- Apr. 5, 2021
Background
The court had previously ordered Christopher William Herrera to do one of two things within 30 days: pay the $402 fee required to file a civil action in the court, or submit a completed prisoner authorization. The earlier order warned that failing to comply would result in dismissal of the complaint.
Herrera did not submit the authorization or pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the complaint was dismissed on this filing requirement, the order did not decide the underlying claims against Donald Trump or the other defendants.
The court also certified that any appeal would not be taken in good faith and denied Herrera fee-free status for purposes of an appeal. Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail Herrera a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.