Jaime v. New York State Department of Corrections and Community Supervision
- Laura Swain
- 1:24-cv-04091
- U.S. District Court · Southern District of New York
- 1
In Jaime v. New York State Department of Corrections and Community Supervision, Judge Swain dismissed the complaint after Luis Jaime failed to amend it.
Luis Jaime’s complaint was dismissed after he did not file the amended complaint allowed by the court. The court also denied permission to proceed without prepaying the filing fee for an appeal.
What happened
In Jaime v. New York State Department of Corrections and Community Supervision, the court had dismissed Luis Jaime’s complaint but allowed him 30 days to file an amended complaint.
The court later gave Jaime another 30 days, but he did not file an amended complaint before the deadline expired. The court dismissed the complaint and entered judgment.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Jaime permission to proceed without paying filing fees for an appeal.
The detailed version
- Jaime v. New York State Department of Corrections and Community Supervision · No. 1:24-cv-04091
- Laura Swain
- Mar. 4, 2025
Background
The court had dismissed Luis Jaime’s complaint by an order dated November 14, 2024, but allowed him to file an amended complaint within 30 days. That order stated that failing to comply would result in dismissal. On January 13, 2025, the court granted Jaime a 30-day extension.
Jaime did not file an amended complaint, and the extended deadline expired.
Ruling
Chief Judge Laura Taylor Swain dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii). The opinion states that the complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court ordered that judgment enter.
The court also 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 permission to proceed without prepaying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.