Jaime v. New York State Department of Corrections and Community Supervision

Background

Luis Jaime, who was incarcerated at Upstate Correctional Facility and proceeding without a lawyer, had previously filed a complaint. In an order dated November 14, 2024, the court dismissed that complaint under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and (iii), while giving him 30 days to file a new complaint.

On December 2, 2024, Jaime filed a motion for permission to replead. He stated that he was seeking counsel and included facts that he apparently intended to include in an amended complaint.

Ruling

The court construed Jaime’s application, identified as ECF 9, as a request for an extension of time to file an amended complaint and granted the request. The court directed him to file an amended complaint, if any, within 30 days of January 13, 2025.

The court said that the amended complaint should be legibly written or typed and should explain who violated Jaime’s federally protected rights, and how, when, and where the alleged violations occurred. The amended complaint would completely replace, rather than supplement, the original complaint. The court encouraged Jaime to use the attached prisoner amended-complaint form if he continued to proceed without a lawyer.

The court stated that if Jaime did not submit an amended complaint within 30 days, the complaint would be dismissed under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and (iii), as described in the November 14, 2024 order. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appeal fees. Judge Laura Taylor Swain signed the order.