McIver v. Service@dreamstudiogroup.com
- Colleen McMahon
- 1:21-cv-00642
- U.S. District Court · Southern District of New York
- 1
In McIver v. Service@dreamstudiogroup.com, Judge McMahon dismissed the action without prejudice because McIver neither paid filing fees nor submitted an application to proceed without paying them.
The order dismissed Plaintiff's civil action without prejudice and denied permission to proceed without paying fees for an appeal.
What happened
In McIver v. Service@dreamstudiogroup.com, the court ordered the plaintiff to submit an application to proceed without paying filing fees or pay the $402 filing fee within thirty days.
The plaintiff did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling.
Judge McMahon also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- McIver v. Service@dreamstudiogroup.com · No. 1:21-cv-00642
- Colleen McMahon
- Apr. 8, 2021
Background
By an order dated January 26, 2021, the court directed Plaintiff to either submit a completed application to proceed without paying filing fees or pay the $402 required to file a civil action. The order stated that failing to do so would result in dismissal.
Ruling
Plaintiff did not submit the application or pay the filing fees. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling.
The court also certified that any appeal from the order would not be taken in good faith. As a result, it denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.