Turner v. McDonough
- Laura Swain
- 1:22-cv-07106
- U.S. District Court · Southern District of New York
- 1
In Turner v. McDonough, Chief Judge Swain dismissed the complaint without prejudice after Turner failed to pay the required filing fees.
Ronald G. Turner’s complaint was dismissed without prejudice because he did not pay the $402 filing fees after being ordered to do so. The court also denied permission to appeal without paying fees.
What happened
In Turner v. McDonough, the court had previously denied Ronald G. Turner permission to proceed without paying filing fees and ordered him to pay $402 within 30 days.
The court had warned that failing to pay would lead to dismissal, but Turner did not pay the fees.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the Clerk of Court to enter judgment, and denied permission to appeal without paying fees.
The detailed version
- Turner v. McDonough · No. 1:22-cv-07106
- Laura Swain
- Nov. 2, 2022
Background
On September 13, 2022, the court denied Ronald G. Turner permission to proceed without paying the filing fee. The court ordered Turner to pay $402 in fees within 30 days and stated that failing to comply would result in dismissal of the complaint.
Ruling
Because Turner had not paid the fees, the court dismissed the complaint without prejudice. The court cited 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to enter judgment. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.