Viera v. DEA Special Agent Todd Riley
- Laura Swain
- 1:24-cv-01862
- U.S. District Court · Southern District of New York
- 2
In Viera v. Riley, Judge Swain granted Viera 45 more days to amend his complaint after an earlier immunity dismissal.
Wigberto E. Viera’s deadline to file an amended complaint was extended by 45 days, while his permission to proceed without prepaying fees for an appeal from this order was denied. The order concerns the action against DEA Special Agent Todd Riley.
What happened
In Viera v. DEA Special Agent Todd Riley, Wigberto E. Viera, who is incarcerated in Bradford, Pennsylvania, is representing himself and was allowed to proceed without prepaying court fees. The court had dismissed his complaint on May 14, 2024, because of immunity and gave him 30 days to file an amended complaint.
On June 25, 2024, Viera asked for more time to file the amended complaint. The court granted him an additional 45 days from the date of this order.
Judge Laura Taylor Swain warned that the court will dismiss the action for the reasons stated in the May 14 order if Viera misses the deadline and cannot show good cause. The court also denied him permission to proceed without prepaying fees for an appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Viera v. DEA Special Agent Todd Riley · No. 1:24-cv-01862
- Laura Swain
- June 25, 2024
Background
Wigberto E. Viera is incarcerated in Bradford, Pennsylvania, and is litigating without a lawyer. The court had allowed him to proceed without prepaying filing fees. In an earlier order dated May 14, 2024, the court dismissed his complaint on immunity grounds but gave him 30 days to file an amended complaint.
Request for More Time
On June 25, 2024, Viera filed a letter asking for an extension of the deadline to submit his amended complaint.
Ruling
The court granted Viera an additional 45 days to file an amended complaint, measured from the date of this order. The court stated that if he does not file one within that period and cannot show good cause for the delay, it will dismiss the action for the reasons given in the May 14 order.
The court also certified that an appeal from this order would not be taken in good faith and denied Viera permission to proceed without prepaying fees for purposes of an appeal.
Classification
This is a procedural order. It addresses the deadline for amending the complaint and permission to appeal without prepaying fees; it does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.