Rusielewicz v. N.Y.S. Dept of Corrections and Community Supervision
- Colleen McMahon
- 1:19-cv-10272
- U.S. District Court · Southern District of New York
- 1
In Rusielewicz v. N.Y.S. Dept of Corrections and Community Supervision, Judge McMahon dismissed the complaint and denied permission to appeal without paying fees.
Anthony Rusielewicz's § 1983 claims and claims seeking release from custody were dismissed; his ability to appeal without prepaying the filing fee was also denied.
What happened
In Rusielewicz v. N.Y.S. Dept of Corrections and Community Supervision, the court had ordered Anthony Rusielewicz to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal, but he did not file one.
The court dismissed his claims under the federal civil-rights statute, 42 U.S.C. § 1983. It also dismissed his claims seeking release from custody because he had not exhausted the required process. The opinion does not state that either dismissal was with or without prejudice.
Chief United States District Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Rusielewicz permission to appeal without paying filing fees. The clerk was directed to mail him the order and record service on the docket.
The detailed version
- Rusielewicz v. N.Y.S. Dept of Corrections and Community Supervision · No. 1:19-cv-10272
- Colleen McMahon
- Feb. 11, 2020
Background
On December 10, 2019, the court ordered Anthony Rusielewicz to file an amended complaint within 60 days. The order expressly stated that failure to comply would result in dismissal. Rusielewicz did not file an amended complaint. The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
The court dismissed the claims brought under 42 U.S.C. § 1983 under 28 U.S.C. § 1915(e)(2)(B)(ii). Section 1983 provides a cause of action for certain violations of federal rights by state actors, but the opinion does not discuss the substance of those claims. The court separately dismissed the claims seeking release from custody for failure to exhaust. The opinion does not specify whether either dismissal was with or without prejudice.
Appeal and Case Administration
Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying the filing fee. The clerk was directed to mail a copy of the order to Rusielewicz and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.