Cavallo v. HPD Section 8
- Laura Swain
- 1:24-cv-04242
- U.S. District Court · Southern District of New York
- 1
In Cavallo v. HPD Section 8, Judge Swain dismissed Ronnie Cavallo’s complaint after he missed the deadline to file an amended complaint.
Ronnie Cavallo’s complaint was dismissed after he did not file the required amended complaint. The Court also denied fee-free status for any appeal and directed entry of judgment.
What happened
In Cavallo v. HPD Section 8, the court had previously ordered Ronnie Cavallo to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Cavallo did not file an amended complaint. The court dismissed the complaint under the federal statute governing complaints filed without paying court fees. It also denied fee-free status for any appeal and directed the Clerk of Court to enter judgment.
Judge Swain entered the dismissal on January 22, 2025. The opinion does not describe the claims or explain why the court had required an amended complaint.
The detailed version
- Cavallo v. HPD Section 8 · No. 1:24-cv-04242
- Laura Swain
- Jan. 22, 2025
Background
By an order dated October 17, 2024, the Court directed Ronnie Cavallo to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal. The opinion does not provide the allegations in the original complaint or the reason the Court required an amended complaint.
Ruling
Cavallo did not file an amended complaint. The Court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1), a status commonly called proceeding without paying court fees. The dismissal was based on failure to comply with the Court’s order, rather than a decision on the underlying claims.
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Court also directed the Clerk of Court to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.