Thomas v. Apple
- Laura Swain
- 1:24-cv-07463
- U.S. District Court · Southern District of New York
- 2
In Thomas v. Apple, Judge Swain granted Thomas more time to amend his complaint but denied fee-free appeal status.
Caze D. Thomas, who must file an amended complaint within 30 days to avoid the court entering judgment dismissing the action; the defendants remain parties to the action.
What happened
In Thomas v. Apple, Caze D. Thomas sued Apple and other defendants without a lawyer. The court had dismissed his complaint but allowed him 30 days to file an amended complaint.
Thomas asked for more time on January 3, 2025. The court granted that request and gave him 30 days from the date of this order to file the amended complaint.
Judge Swain stated that failure to file on time would lead the Clerk to enter judgment dismissing the action for the reasons given in the earlier dismissal order. She also denied Thomas permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Thomas v. Apple · No. 1:24-cv-07463
- Laura Swain
- Jan. 13, 2025
Background
Caze D. Thomas brought this action without a lawyer. In an order dated December 2, 2024, the court dismissed his complaint but gave him 30 days to file an amended complaint. On January 3, 2025, Thomas filed a motion seeking more time.
Ruling on Extension
The court granted Thomas’s request for an extension. It ordered him to file his amended complaint within 30 days of the January 13 order. The court stated that if he did not file the amended complaint within that period, it would direct the Clerk of Court to enter judgment dismissing the action for the reasons stated in the December 2 dismissal order.
Appeal-Fee Status
Judge Laura Taylor Swain 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, the court denied Thomas permission to appeal without paying the required filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.