King v. Trump
- Colleen McMahon
- 1:21-cv-00987
- U.S. District Court · Southern District of New York
- 1
In King v. Trump, Judge McMahon dismissed Gerry-Alan King’s complaint without prejudice because he neither paid the fee nor completed required forms.
Gerry-Alan King’s complaint was dismissed without prejudice for failing to submit the required filing forms or pay the filing fee. The court also denied permission to appeal without paying appellate fees. The opinion does not state that the defendants’ positions were reached or adjudicated.
What happened
In King v. Trump, the court had ordered Gerry-Alan King to submit forms requesting permission to proceed without paying the filing fee, provide prisoner authorization, or pay the required fee. The order warned that failure to comply would result in dismissal.
King did not submit the required forms or pay the filing fee. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not permanently bar refiling.
Judge McMahon also ruled that any appeal would not be taken in good faith and denied King permission to appeal without paying the appellate filing fee. The court did not address the claims against the defendants.
The detailed version
- King v. Trump · No. 1:21-cv-00987
- Colleen McMahon
- Apr. 7, 2021
Background
The court had previously ordered Gerry-Alan King, within thirty days, to submit a completed application to proceed without paying the filing fee, provide prisoner authorization, or pay the fees required to file a civil action. The earlier order stated that failure to comply would result in dismissal.
Ruling
The court found that King had not submitted the application or prisoner authorization and had not paid the filing fee. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not permanently bar refiling.
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. It consequently denied permission to proceed without paying fees for an appeal. The opinion does not address the substance of King's claims or the defendants' positions.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.