Carpenter v. Yonkers Middle High School
- Laura Swain
- 1:24-cv-00474
- U.S. District Court · Southern District of New York
- 1
In Carpenter v. Yonkers Middle High School, Judge Swain dismissed the complaint after Carpenter failed to amend it and denied fee-free appeal status.
Kenseener Carpenter, whose complaint was dismissed, and the named defendants in the action.
What happened
In Carpenter v. Yonkers Middle High School, the court had ordered Kenseener Carpenter to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Carpenter did not file an amended complaint. The court therefore dismissed the complaint for failing to state a claim that could support relief.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Carpenter permission to proceed without paying fees for the appeal. The Clerk of Court was directed to enter judgment.
The detailed version
- Carpenter v. Yonkers Middle High School · No. 1:24-cv-00474
- Laura Swain
- July 9, 2024
Background
The defendants were Yonkers Middle High School (Dr. Jenkins), CPS Department of Child Protective Services, and Yonkers Police Department. The opinion states that the complaint was filed without the required filing fee under the court's permission to proceed without paying it.
On May 15, 2024, the court ordered Carpenter to file an amended complaint within 60 days. That order stated that failure to comply would result in dismissal. Carpenter did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This is a screening dismissal based on the court's conclusion that the complaint did not adequately state a legally actionable claim.
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 proceed without paying fees for an appeal. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.