Destiny Haughton v. City of New York
- Laura Swain
- 1:25-cv-00366
- U.S. District Court · Southern District of New York
- 2
Judge Swain dismissed Shaday Martinez Destiny Haughton v. City of New York without prejudice because Haughton did not file a complaint or provide a service address.
The action brought by Shaday Martinez Destiny Haughton against the City of New York and the New York City Department of Homeless Services was dismissed without prejudice because she did not file a complaint or comply with the court’s service-information requirement.
What happened
In Shaday Martinez Destiny Haughton v. City of New York, the plaintiff asked to proceed without paying filing fees but did not file a complaint. The defendants were the City of New York and the New York City Department of Homeless Services.
The court had ordered Haughton to file a complaint within 30 days and either provide a mailing address for court documents or agree to electronic service. She did not complete either requirement.
The court dismissed the action without prejudice and directed the Clerk of Court to enter judgment. Chief Judge Laura Taylor Swain also denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Destiny Haughton v. City of New York · No. 1:25-cv-00366
- Laura Swain
- Mar. 7, 2025
Background
Plaintiff Shaday Martinez Destiny Haughton was proceeding without a lawyer. She filed an application to proceed without paying the filing fee, but she did not file a complaint. The defendants were the City of New York and the New York City Department of Homeless Services.
Court’s Prior Order
On January 17, 2025, the court directed Haughton to file a complaint within 30 days. The court also required her to provide a mailing address for service of court documents or submit a consent form agreeing to electronic service. The order warned that failing to comply would result in dismissal.
Ruling
Haughton did not file a complaint, provide a mailing address, or consent to electronic service. The court therefore dismissed the action without prejudice. The Clerk of Court was directed to enter judgment and to email Haughton a copy of the order at the email address on file, as well as provide her a copy if she appeared at the court’s Pro Se Intake window.
Chief 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 fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.