Perez v. Bryant
- Colleen McMahon
- 1:20-cv-00079
- U.S. District Court · Southern District of New York
- 2
Perez v. Bryant: Judge McMahon dismissed Perez’s complaint without prejudice after he neither renewed his fee-waiver request nor paid the filing fee.
Felipe Perez, whose complaint was dismissed without prejudice; the order also denied him permission to appeal without paying the appellate filing fees.
What happened
In Perez v. Bryant, Felipe Perez was given deadlines to submit an amended application to proceed without paying filing fees or to pay the fees required to file a civil case. The court re-mailed its order after it appeared the first order went to an incorrect address.
Perez did not submit the amended application or pay the filing fees. The court therefore dismissed his complaint without prejudice.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Perez permission to appeal without paying the appellate filing fees.
The detailed version
- Perez v. Bryant · No. 1:20-cv-00079
- Colleen McMahon
- Feb. 10, 2022
Background
The court had previously directed Felipe Perez to either submit an amended application to proceed without paying the filing fees or pay the $400 required to file a civil action. The court later determined that its first order appeared to have been sent to an incorrect address.
Deadlines and Dismissal
On August 28, 2020, the court directed the Clerk of Court to re-mail the order to Perez’s address on file and gave him an additional 30 days to submit the amended application or pay the fees. The order warned that failing to comply would result in dismissal of the complaint. Perez did neither. Under 28 U.S.C. §§ 1914 and 1915, the court dismissed the complaint without prejudice.
Appeal-Filing Fees
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 Perez permission to appeal without paying the appellate filing fees. The Clerk of Court was directed to mail Perez a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.