Martinez v. Trump
- Colleen McMahon
- 1:21-cv-01676
- U.S. District Court · Southern District of New York
- 1
In Martinez v. Trump, Judge McMahon dismissed the case without prejudice because Martinez neither submitted the required authorization nor paid the filing fees.
Anthony A. Martinez's case was dismissed without prejudice for failing to submit the required prisoner authorization or pay the filing fees. The court also denied him permission to appeal without paying court fees; the opinion did not resolve the claims against Donald Trump or the other defendants.
What happened
Anthony A. Martinez sued Donald Trump and others in Martinez v. Trump. The court had ordered Martinez to submit a completed prisoner authorization or pay the $402 filing fee within 30 days.
Martinez did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar a new filing.
Judge Colleen McMahon also denied Martinez permission to appeal without paying court fees, finding that an appeal would not be taken in good faith.
The detailed version
- Martinez v. Trump · No. 1:21-cv-01676
- Colleen McMahon
- Apr. 29, 2021
Background
In Martinez v. Trump, the court had previously ordered Plaintiff Anthony A. Martinez to submit a completed prisoner authorization or pay the $402 in fees required to file a civil action. The February 26, 2021 order gave him 30 days to comply and stated that failing to do so would result in dismissal.
Court’s action
Martinez did not file the prisoner authorization and did not pay the required fees. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not decide the underlying claims against Donald Trump or the other defendants.
Appeal-fee ruling
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. The court therefore denied Martinez permission to appeal without paying the required court fees. The Clerk of Court was directed to mail Martinez a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.