Garcia v. David
- Colleen McMahon
- 1:21-cv-00633
- U.S. District Court · Southern District of New York
- 1
In Garcia v. David, Judge McMahon dismissed the action without prejudice after Garcia failed to submit required financial forms or pay filing fees.
The dismissal ended this action without prejudice because Plaintiff did not submit the required fee-waiver materials or pay the filing fees. Any appeal would not qualify for permission to proceed without paying fees under the court’s certification.
What happened
In Garcia v. David, the court had ordered Daniel Garcia Jose, also identified as Fernando, to submit an application to proceed without paying filing fees and a required prisoner authorization, or to pay $402 in filing fees. The January 26, 2021 order warned that failing to comply would result in dismissal.
Garcia did not submit the required documents or pay the fees. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to proceed without paying fees for any appeal because it certified that an appeal would not be taken in good faith.
Judge Colleen McMahon issued the order on April 8, 2021. The clerk was directed to mail the order to Garcia and record service on the docket.
The detailed version
- Garcia v. David · No. 1:21-cv-00633
- Colleen McMahon
- Apr. 8, 2021
Background
The court’s January 26, 2021 order directed Plaintiff Daniel Garcia Jose, also identified in the caption as Fernando, to do one of two things within thirty days: submit a completed application to proceed without paying filing fees and a prisoner authorization, or pay the $402.00 required to file a civil action. The court warned that failure to comply would result in dismissal.
Failure to Comply
The opinion states that Plaintiff neither filed the required application and authorization nor paid the filing fees. The record provided does not describe the underlying claims or explain the defendants’ alleged conduct.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The clerk was directed to mail Plaintiff a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.