Flores v. Department of Corrections
- Colleen McMahon
- 1:20-cv-10122
- U.S. District Court · Southern District of New York
- 1
In Flores v. Department of Corrections, Judge McMahon dismissed the action without prejudice after Flores failed to submit required fee documents and a signature declaration.
Jose Flores, whose civil action was dismissed without prejudice and who was denied permission to proceed without paying fees for an appeal.
What happened
Flores v. Department of Corrections involved Jose Flores’s civil action in the Southern District of New York. The court had ordered Flores to submit an application to avoid paying the filing fee, authorization required from a prisoner, or the required filing fees, and a signed declaration because his amended complaint was unsigned.
The order gave Flores 30 days to comply and warned that the case would be dismissed if he did not. Flores did not submit the required documents, pay the fees, or file the declaration.
Judge Colleen McMahon dismissed the action without prejudice. She also ruled that Flores could not proceed without paying fees for an appeal because any appeal would not be taken in good faith.
The detailed version
- Flores v. Department of Corrections · No. 1:20-cv-10122
- Colleen McMahon
- Apr. 13, 2021
Background
On December 4, 2020, the court ordered Jose Flores to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee and the required prisoner authorization, or pay the $400 in fees required to file a civil action. The court also ordered Flores to complete, sign, and submit a declaration because his amended complaint did not contain his signature. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Flores did not submit the application and prisoner authorization, did not pay the filing fees, and did not file the declaration. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915 and Federal Rule of Civil Procedure 11(a).
The court directed the Clerk of Court to mail Flores a copy of the order and record service on the docket. It 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 the purpose of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.