Jenkins v. The State of New York
- Laura Swain
- 1:21-cv-04267
- U.S. District Court · Southern District of New York
- 1
In Jenkins v. State of New York, Judge Swain dismissed the complaint without prejudice because Jenkins did not pay the fee or submit required forms.
Sefton Jenkins’s complaint was dismissed without prejudice after he did not submit the required forms or pay the filing fee. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Jenkins v. The State of New York, the court had ordered Sefton Jenkins to submit an application to proceed without paying the filing fee and a prisoner authorization, or pay the required $402 filing fee. The order warned that failing to do so would lead to dismissal.
Jenkins did not submit the required documents or pay the fee. The court therefore dismissed his complaint without prejudice, meaning the dismissal did not bar refiling.
Chief United States District Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
The detailed version
- Jenkins v. The State of New York · No. 1:21-cv-04267
- Laura Swain
- June 16, 2021
Background
Sefton Jenkins brought this action against the State of New York and the Department of Correction. On May 13, 2021, the court directed Jenkins, within 30 days, either to submit a completed application to proceed without paying the filing fee and a prisoner authorization or to pay the $402 required to file a civil action. The court stated that failure to comply would result in dismissal.
Court’s ruling
Jenkins did not submit the application and authorization and did not pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to mail Jenkins 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.