Zorrilla v. NYPD
- Laura Swain
- 1:24-cv-01086
- U.S. District Court · Southern District of New York
- 1
In Zorrilla v. NYPD, Judge Swain dismissed Henry Zorrilla’s complaint after he failed to file an ordered amended complaint and denied fee-free appeal status.
Henry Zorrilla’s complaint was dismissed because he did not file the required amended complaint. His permission to appeal without paying the filing fee was also denied; the opinion did not decide the underlying claims.
What happened
Henry Zorrilla sued the NYPD. On April 15, 2024, the court ordered him to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Zorrilla did not file an amended complaint. The court therefore dismissed his complaint under the federal statute governing complaints filed without paying the filing fee in advance.
Judge Swain also ruled that an appeal would not be taken in good faith and denied Zorrilla permission to appeal without paying the filing fee. The July 2, 2024, order did not decide the underlying claims.
The detailed version
- Zorrilla v. NYPD · No. 1:24-cv-01086
- Laura Swain
- July 2, 2024
Background
Henry Zorrilla filed a complaint without paying the filing fee in advance. In an April 15, 2024, order, the court directed him to file an amended complaint within 60 days and expressly stated that failing to comply would result in dismissal.
Court’s action
Zorrilla did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not provide further details about the claims or explain the underlying factual allegations.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the filing fee.
Result
The complaint was dismissed, and permission to appeal without paying the filing fee was denied. The order did not reach the merits of Zorrilla’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.