Hatcher v. New York City D.O.C.
- Laura Swain
- 1:22-cv-06748
- U.S. District Court · Southern District of New York
- 1
In Hatcher v. New York City D.O.C., Judge Swain dismissed the action without prejudice after Hatcher neither filed authorization nor paid required fees.
Leroy Hatcher’s action against New York City D.O.C. was dismissed without prejudice for failure to submit the required prisoner authorization or pay the filing fees. The court also denied permission to appeal without paying fees.
What happened
In Hatcher v. New York City D.O.C., the court had ordered Leroy Hatcher to submit a completed prisoner authorization or pay the $402 filing fees required for a civil case.
Hatcher did neither within the 30-day deadline set by the court. The order dismissed the action without prejudice, meaning the dismissal did not bar refiling, and it did not address the underlying claims.
Chief United States District Judge Laura Taylor Swain directed the clerk to enter judgment and denied permission to appeal without paying fees because the court certified that any appeal would not be taken in good faith.
The detailed version
- Hatcher v. New York City D.O.C. · No. 1:22-cv-06748
- Laura Swain
- Oct. 18, 2022
Background
The court had previously ordered Leroy Hatcher, within 30 days, to submit a completed prisoner authorization or pay the $402 in fees required to file a civil action. The earlier order warned that failing to comply would result in dismissal.
Court’s action
The court found that Hatcher had not submitted the authorization or paid the required fees. It therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not address the merits of Hatcher’s claims.
Appeal and judgment
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The court therefore denied permission to appeal without paying the appellate filing fees and directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.