Passaro v. Commissioner of Corrections
- Colleen McMahon
- 1:21-cv-00698
- U.S. District Court · Southern District of New York
- 1
In Passaro v. Commissioner of Corrections, Judge McMahon dismissed the action without prejudice because Passaro neither paid fees nor submitted required forms.
Matthew Tevis Passaro's action was dismissed without prejudice because he did not pay the filing fee or submit the required forms; permission to appeal without paying fees was also denied.
What happened
Passaro v. Commissioner of Corrections began when Matthew Tevis Passaro filed a civil action against the Commissioner of Corrections and others.
The court had ordered Passaro to submit forms requesting permission to proceed without paying the filing fee and authorizing deductions from a prisoner account, or to pay the required $402 fee. The deadline was 30 days, and the order warned that failing to comply would lead to dismissal.
Passaro did not submit the forms or pay the fee. Judge Colleen McMahon therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Passaro v. Commissioner of Corrections · No. 1:21-cv-00698
- Colleen McMahon
- Apr. 8, 2021
Background
Matthew Tevis Passaro brought this civil action against the Commissioner of Corrections and other defendants. On January 29, 2021, the court ordered him, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $402 filing fee required for a civil action.
The court's earlier order warned that failure to comply would result in dismissal. Passaro did not submit the application and prisoner authorization and did not pay the filing fee.
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 appeal without paying the required fees. Judge Colleen McMahon directed the Clerk of Court to mail the order to Passaro and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.