Hinton v. The State of New York
- Laura Swain
- 1:21-cv-04252
- U.S. District Court · Southern District of New York
- 1
In Hinton v. State of New York, Judge Swain dismissed the complaint without prejudice because Hinton neither paid filing fees nor submitted required forms.
George Hinton’s complaint was dismissed without prejudice because he did not submit the required forms or pay the filing fees. The court also denied him permission to appeal without paying fees.
What happened
In Hinton v. The State of New York, the court had ordered George Hinton to submit forms requesting permission to proceed without paying the filing fee and authorizing collection of fees from a prisoner account, or to pay the required $400.00 filing fees.
Hinton did neither within the required thirty days. The opinion does not describe the underlying claims or address their merits.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Hinton v. The State of New York · No. 1:21-cv-04252
- Laura Swain
- June 14, 2021
Background
On May 12, 2021, the court directed George Hinton to do one of two things within thirty days: submit a completed application to proceed without paying the filing fee and a prisoner authorization, or pay the $400.00 fees required to file a civil action in the court. The order warned that failure to comply would result in dismissal.
Court’s ruling
The court found that Hinton had not submitted the application or prisoner authorization and had not paid the fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not address any requirements for doing so.
The court did not decide the underlying claims. It also certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to mail Hinton 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.