Radcliffe v. Barometre
- Colleen McMahon
- 1:21-cv-02088
- U.S. District Court · Southern District of New York
- 1
In Radcliffe v. Barometre, Judge McMahon dismissed the complaint without prejudice after Radcliffe neither paid filing fees nor submitted authorization.
Gregory Radcliffe's complaint was dismissed without prejudice because he did not pay the filing fees or submit the required prisoner authorization; the court also denied permission to appeal without paying fees.
What happened
In Radcliffe v. Barometre, Gregory Radcliffe sued Delta Barometre and Ronda Murray in the Southern District of New York.
The court had ordered Radcliffe to pay the required $402 filing fee or submit a completed prisoner authorization within 30 days. The order warned that failing to do so would result in dismissal, and Radcliffe did neither.
Judge Colleen McMahon dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Radcliffe v. Barometre · No. 1:21-cv-02088
- Colleen McMahon
- May 24, 2021
Background
Gregory Radcliffe sued Delta Barometre and Ronda Murray. The opinion does not describe the underlying claims.
Procedural History
In an order dated March 26, 2021, the court directed Radcliffe either to pay the $402 fees required to file a civil action or to submit a completed prisoner authorization within 30 days. The court warned that failure to comply would result in dismissal. Radcliffe did not submit the authorization or pay the filing fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. This disposition did not address the merits of the underlying claims. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees. The Clerk was directed to mail the order to Radcliffe and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.