Sander v. City of Mount Vernon
- Cathy Seibel
- 7:23-cv-06204
- U.S. District Court · Southern District of New York
- 2
In Sander v. City of Mount Vernon, Judge Swain granted Sander 60 more days to amend his complaint but denied fee-free appeal status.
Patrick Sander, who must file an amended complaint within 60 days of the order or face possible dismissal under the earlier order; his request to appeal without paying filing fees was denied.
What happened
In Sander v. City of Mount Vernon, Patrick Sander, representing himself, asked for more time to file an amended complaint. The court had previously given him 60 days to do so.
The court granted Sander’s request for an extension. He must file the amended complaint within 60 days of the order. The court warned that if he does not meet that deadline and cannot show a good reason, the case will be dismissed for the reasons stated in the earlier order.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Sander permission to appeal without paying filing fees.
The detailed version
- Sander v. City of Mount Vernon · No. 7:23-cv-06204
- Cathy Seibel
- July 2, 2024
Background
Patrick Sander brought this action without a lawyer. On May 6, 2024, the court gave him 60 days to file an amended complaint. On July 1, 2024, the court received his request for more time.
Ruling
The court granted Sander’s request for an extension. It ordered him to submit his amended complaint within 60 days of the July 2, 2024 order. The court warned that if he does not comply within that period and cannot show good cause—a legally sufficient reason for the delay—the action will be dismissed for the reasons stated in the May 6 order.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. As a result, it denied permission to appeal without paying the filing fees.
Effect of the Order
The order extends Sander’s deadline; it does not itself dismiss the action. The opinion does not state the reasons for the potential dismissal beyond referring to the May 6, 2024 order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.