Serkez v. DOC
- Colleen McMahon
- 1:21-cv-01000
- U.S. District Court · Southern District of New York
- 1
In Serkez v. DOC, Judge McMahon dismissed the action without prejudice because Joseph Serkez neither submitted an IFP application nor paid filing fees.
Joseph Serkez's action against DOC and the other named defendants was dismissed without prejudice; fee-free status for any appeal was denied.
What happened
In Serkez v. DOC, the court required Joseph Serkez to submit an application to proceed without paying filing fees or to pay the required fees.
The court had given Serkez 30 days to comply and warned that failing to do so would result in dismissal. Serkez did neither.
Judge McMahon dismissed the action without prejudice and denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Serkez v. DOC · No. 1:21-cv-01000
- Colleen McMahon
- Apr. 29, 2021
Background
The court previously ordered Joseph Serkez, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $402 in fees required to file a civil action. The order warned that failure to comply would result in dismissal.
Serkez did not submit the application or pay the fees.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified 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 Serkez and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.