Culbreth v. Manuel
- Philip Halpern
- 7:24-cv-00497
- U.S. District Court · Southern District of New York
- 1
In Culbreth v. Manuel, Judge Halpern dismissed the complaint after Culbreth failed to file the required amended complaint.
Kareem Culbreth and the case he brought against Manuel et al.; the complaint was dismissed and the case was closed.
What happened
In Culbreth v. Manuel, the court had ordered Kareem Culbreth to file an amended complaint within 30 days and warned that failing to do so would lead to dismissal.
Culbreth did not file an amended complaint. The court dismissed the complaint, which had been filed without the filing fee under a federal statute allowing that status. The court also denied that status for an appeal and directed the Clerk of Court to close the case.
Judge Philip M. Halpern issued the dismissal on February 19, 2025. The court certified that any appeal would not be taken in good faith.
The detailed version
- Culbreth v. Manuel · No. 7:24-cv-00497
- Philip Halpern
- Feb. 19, 2025
Background
On January 6, 2025, the Court ordered Plaintiff Kareem Culbreth to file an amended complaint within 30 days. The order warned that failure to comply would result in dismissal of the complaint. The opinion does not state why the Court required an amended complaint.
Culbreth did not file an amended complaint. The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
The Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(11), citing Culbreth’s failure to file the required amended complaint. The order does not describe the underlying claims or decide their merits.
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 filing-fee waiver status for purposes of an appeal. The Clerk of Court was directed to mail the order to Culbreth, note service on the docket, and close the case.
Effect
The complaint was dismissed, and the case was closed. The opinion does not state that the dismissal was with prejudice or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.