Betances v. The City Commissioner of NYC Corrections
- Laura Swain
- 1:24-cv-02596
- U.S. District Court · Southern District of New York
- 1
In Betances v. The City Commissioner of NYC Corrections, Judge Swain dismissed the federal claims after Betances failed to amend his complaint.
Adonis Betances’s Section 1983 claims were dismissed. His state-law claims were not decided because the court declined supplemental jurisdiction, and permission to appeal without paying filing fees was denied.
What happened
In Betances v. The City Commissioner of NYC Corrections, the court had ordered Adonis Betances to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Betances did not file an amended complaint. The court dismissed his claims under the federal civil-rights law known as Section 1983 because they did not state a claim for which relief could be granted, and it declined to decide his state-law claims.
Judge Laura Taylor Swain entered judgment and ruled that Betances could not appeal without paying the required filing fees because the appeal would not be taken in good faith.
The detailed version
- Betances v. The City Commissioner of NYC Corrections · No. 1:24-cv-02596
- Laura Swain
- July 1, 2024
Background
On April 29, 2024, the court ordered Adonis Betances to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Betances did not file an amended complaint.
Rulings
The court dismissed Betances’s claims under 42 U.S.C. § 1983 for failure to state a claim on which relief could be granted. The court also declined to exercise supplemental jurisdiction over Betances’s state-law claims, so it did not decide those claims in this order.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying the filing fees for an appeal. The court directed that judgment enter.
Judge
The order was issued by Laura Taylor Swain, Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.