Cantillo v. Dept. of Corrections

Background

On October 25, 2024, the Court granted Plaintiff 60 days to file an amended complaint. The Court’s earlier order stated that if Plaintiff did not comply, the Court would dismiss the claims under 42 U.S.C. § 1983 for failure to state a claim on which relief may be granted and would decline to consider the state-law claims under supplemental jurisdiction, which allows a federal court to consider related state-law claims in some circumstances.

What the Court Decided

Plaintiff did not file an amended complaint. The Court therefore dismissed the action. It dismissed Plaintiff’s § 1983 claims for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). It also declined to consider Plaintiff’s state-law claims under supplemental jurisdiction, citing 28 U.S.C. § 1367(c)(3). The opinion does not state that either dismissal was with or without prejudice.

Other Orders

Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The Court therefore denied permission to appeal without paying filing fees for purposes of an appeal. It directed the Clerk of Court to enter judgment dismissing the action based on the October 25, 2024 order and this order.