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S.D.N.Y.Procedural orderFiled Jan. 21, 2025

Peachey v. Schiff

Judge
Philip Halpern
Docket
7:23-cv-06409
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureCivil Rights
In one sentence

In Christopher J. Peachey v. Sgt. Zayaz, Judge Halpern dismissed the amended complaint after Peachey failed to file the required second amended complaint.

Who this affects

Christopher J. Peachey’s amended complaint was dismissed after he failed to file the required second amended complaint. His no-fee status for an appeal was also denied, and the case was closed.

What happened

In Christopher J. Peachey v. Sgt. Zayaz, Peachey was ordered to file a second amended complaint within 30 days. The order warned that failing to do so would result in dismissal of the amended complaint.

Peachey did not file the second amended complaint. The court therefore dismissed the amended complaint, which had been filed without paying the filing fee under a federal statute allowing that procedure.

Judge Philip M. Halpern also denied Peachey’s no-fee status for any appeal after finding that an appeal would not be taken in good faith, and directed the Clerk of Court to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Peachey v. Schiff · No. 7:23-cv-06409
Judge
Philip Halpern
Date
Jan. 21, 2025

Background

On December 2, 2024, the court ordered Christopher J. Peachey to file a second amended complaint within 30 days. The order stated that failure to comply would result in dismissal of the amended complaint. Peachey did not file the required pleading.

Ruling

The court dismissed the amended complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the amended complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The order does not state that the dismissal was with or without prejudice.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied no-fee status for purposes of an appeal. The Clerk of Court was directed to mail the order to Peachey, note service on the docket, and close the case. Judge Philip M. Halpern signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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