John Doe v. Neilson

Background

John Doe filed a civil action against Officer Neilson, Sergeant Riggins, Officer Banks, Officer Green, Officer Kesler, Sergeant Bork, Sergeant Compathe, OSI Toney, and OSI Britney. The opinion does not state the substance of Doe's claims.

On February 2, 2023, the Court ordered Doe, 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 filing fee. The order warned that failing to comply would result in dismissal. The opinion states that Doe did not submit the application and authorization and did not pay the fee.

The opinion also states that Doe had requested permission to proceed anonymously. The Clerk was directed to list him as “John Doe” on the docket and to restrict access to his submissions while the Court awaited payment or the required forms. The February 2 order was initially returned after Doe was no longer at Fishkill Correctional Facility, then was remailed to Green Haven Correctional Facility. Records cited by the Court showed that Doe had been released from state custody on February 14, 2023. The opinion states that Doe did not notify the Court of a new mailing address or otherwise contact the Court.

Ruling

The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915 because Doe did not comply with the payment-or-forms requirement. “Without prejudice” means the order itself does not bar a later filing.

The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to enter judgment.