Perry v. Vega
- Laura Swain
- 1:24-cv-01885
- U.S. District Court · Southern District of New York
- 2
In Perry v. Vega, Chief Judge Swain dismissed the action without prejudice after Perry pursued the claims in another case.
Kahreem Perry’s action against Steven Vega was dismissed without prejudice. Perry was also denied permission to appeal without paying the required fees, while the related claims were to continue in another pending action.
What happened
In Perry v. Vega, Kahreem Perry filed a second amended complaint in another pending action that included the claims from this case and other claims.
The court treated that filing as Perry’s request to withdraw this action and granted the request. It dismissed the case without prejudice under Rule 41(a), so the dismissal did not bar refiling.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Perry permission to proceed without paying the appeal fee. Further litigation about Perry’s October 2021 arrest was to continue in the other case.
The detailed version
- Perry v. Vega · No. 1:24-cv-01885
- Laura Swain
- June 25, 2024
Background
Kahreem Perry filed a second amended complaint in another pending action in the Southern District of New York, No. 1:22-CV-5813 (JHR) (SN). That complaint included the claims Perry was pursuing in this case, along with other claims. The opinion states that further litigation related to Perry’s October 2021 arrest would proceed in that other action.
Court’s action
The court understood Perry’s filing in the other action as a request to withdraw this case. It granted that request and dismissed this action without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure. “Without prejudice” means the dismissal itself does not bar a later refiling.
The court also 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 permission to appeal without paying the required fees.
Disposition and classification
Chief Judge Laura Taylor Swain dismissed the action without prejudice and denied permission to proceed without paying appeal fees. The order did not decide the underlying claims, so this is a procedural order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.