Iglesias v. Vance
- Colleen McMahon
- 1:21-cv-02406
- U.S. District Court · Southern District of New York
- 1
In Iglesias v. Vance, Judge McMahon dismissed Davis Iglesias’s complaint without prejudice after he failed to submit authorization or pay the filing fee.
Davis Iglesias’s complaint was dismissed without prejudice; the opinion does not resolve the underlying claims against Cyrus Vance or Tiffany Wang. Iglesias was also denied fee-free status for an appeal.
What happened
In Iglesias v. Vance, the court had ordered Davis Iglesias to submit an updated prisoner authorization or pay the $402 filing fee within 30 days. The order warned that failing to do so would lead to dismissal.
Iglesias did neither. The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-free status for an appeal after certifying that an appeal would not be taken in good faith.
Judge Colleen McMahon issued the dismissal order on April 19, 2021.
The detailed version
- Iglesias v. Vance · No. 1:21-cv-02406
- Colleen McMahon
- Apr. 19, 2021
Background
Davis Iglesias filed a civil complaint against District Attorney Cyrus Vance and Public Defender Tiffany Wang. On March 19, 2021, the court directed Iglesias, within 30 days, either to submit an updated prisoner authorization or pay the $402 required filing fee. The court warned that failure to comply would result in dismissal.
Court’s ruling
Iglesias did not submit the updated authorization or pay the filing fee. Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying allegations or decide their merits.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail the order to Iglesias and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.