Garcia v. Shavi
- Colleen McMahon
- 1:21-cv-00627
- U.S. District Court · Southern District of New York
- 1
In Garcia v. Shavi, Judge McMahon dismissed the complaint without prejudice because Garcia neither paid the filing fee nor submitted required forms.
Daniel Garcia's complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fee. The court also denied him permission to appeal without paying fees. The opinion does not state that the court decided the claims against the defendants.
What happened
In Garcia v. Shavi, the court had ordered Daniel Garcia to submit an application to proceed without paying the filing fee and a prisoner authorization, or pay the required filing fees. The order warned that failing to do so would result in dismissal.
Garcia did not submit the required forms or pay the fee within the time allowed. The opinion does not address the underlying allegations or claims against the defendants.
Judge Colleen McMahon dismissed the complaint without prejudice. The court also denied Garcia permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Garcia v. Shavi · No. 1:21-cv-00627
- Colleen McMahon
- Apr. 6, 2021
Background
On February 12, 2021, the court directed Plaintiff Daniel Garcia to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $400 required to file a civil action in the court. The court warned that failure to comply would result in dismissal of the complaint.
Ruling
Garcia did not submit the application and prisoner authorization or pay the fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the dismissal was based on the filing requirements, the opinion did not decide the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to mail Garcia 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.