Castro v. New York City Department of Corrections
- Colleen McMahon
- 1:21-cv-00686
- U.S. District Court · Southern District of New York
- 2
In Castro v. New York City Department of Corrections, Chief Judge McMahon dismissed the complaint without prejudice after Castro failed to pay fees or submit an IFP application.
Angel L. Castro's complaint was dismissed without prejudice because he did not submit the required amended fee-waiver application or pay the filing fee, and he did not provide a new address.
What happened
In Castro v. New York City Department of Corrections, Angel L. Castro brought the action while detained at the Eric M. Taylor Center on Rikers Island and proceeded without a lawyer.
The court had ordered Castro to submit an updated application to proceed without paying filing fees or to pay the $402 filing fee after public records indicated he had been released. Castro did neither, and the order sent to him was returned as undeliverable because he had not provided a new address.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied Castro permission to proceed without paying fees for an appeal.
The detailed version
- Castro v. New York City Department of Corrections · No. 1:21-cv-00686
- Colleen McMahon
- Apr. 8, 2021
Background
Angel L. Castro sued the New York City Department of Corrections, the Acting Warden of North Infirmary Command, and Captain Korets. The opinion states that Castro proceeded without a lawyer and was detained at the Eric M. Taylor Center on Rikers Island when he filed the action.
Filing-fee requirement
Public records indicated that Castro had been released from custody. On February 19, 2021, the court ordered him, within 30 days, either to submit an amended application to proceed without paying the filing fee or to pay the $402 required to file a civil action. The order warned that failing to comply would result in dismissal.
Castro did not submit an amended application or pay the filing fee. The court also stated that the mailed order was returned as undeliverable and that Castro had not provided a new address.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against the defendants. The court directed the Clerk to mail the dismissal order to Castro at his address of record and record service on the docket.
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 therefore denied permission to proceed without paying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.