Mojica v. Director of Federal Bureau of Prisons
- Laura Swain
- 1:21-cv-10504
- U.S. District Court · Southern District of New York
- 1
In Mojica v. Director of Federal Bureau of Prisoners, Judge Swain dismissed the action without prejudice because Mojica neither paid the fees nor submitted required forms.
Jason L. Mojica's action was dismissed without prejudice because he did not submit the required filing forms or pay the filing fees. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Jason L. Mojica v. Director of Federal Bureau of Prisoners, et al., the court required Mojica to either submit a completed and signed request to proceed without paying filing fees, along with prisoner authorization, or pay $402 in filing fees.
A December 9, 2021 order warned that failing to comply within 30 days would result in dismissal. Mojica did not submit the required forms or pay the fees.
The court dismissed the action without prejudice. 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 the appeal.
The detailed version
- Mojica v. Director of Federal Bureau of Prisons · No. 1:21-cv-10504
- Laura Swain
- Feb. 9, 2022
Background
By order dated December 9, 2021, the court directed Jason L. Mojica to submit, within 30 days, a completed and signed application to proceed without paying the filing fees and a prisoner authorization, or to pay the $402 required to file a civil action.
Failure to Comply
The December 9 order stated that failure to comply would result in dismissal. Mojica did not submit the application and prisoner authorization and did not pay the required fees.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The Clerk was directed to mail Mojica 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.