Stevenson v. Smith
- Laura Swain
- 1:24-cv-05472
- U.S. District Court · Southern District of New York
- 1
In Stevenson v. Smith, Judge Swain dismissed Stevenson’s complaint after he failed to amend it as ordered and denied fee-waiver status for an appeal.
Daquawn T. Stevenson’s complaint against Robert Smith was dismissed, and judgment was ordered entered in the action.
What happened
In Stevenson v. Smith, the court had ordered Daquawn T. Stevenson to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal. The order was returned as undeliverable, and Stevenson did not file an amended complaint or otherwise contact the court.
The court dismissed the complaint, which had been filed without prepaying filing fees, under the federal statute governing such cases. It also ruled that any appeal would not be taken in good faith and denied Stevenson permission to appeal without paying the required fees. The clerk was directed to enter judgment.
Chief United States District Judge Laura Taylor Swain issued the dismissal order on January 28, 2025. The opinion does not address the underlying claims against Robert Smith.
The detailed version
- Stevenson v. Smith · No. 1:24-cv-05472
- Laura Swain
- Jan. 28, 2025
Background
The court previously ordered Daquawn T. Stevenson to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal. On January 13, 2025, the court received notice from the U.S. Postal Service that the December 2, 2024 order could not be delivered. Stevenson had not filed an amended complaint and had not otherwise communicated with the court.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed in forma pauperis, meaning Stevenson was allowed to proceed without prepaying filing fees. The opinion does not discuss the substance of Stevenson’s claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied in forma pauperis status for purposes of an appeal. The court directed the clerk to enter judgment in the action.
Effect of the Order
The complaint was dismissed, and judgment was ordered entered. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.