Evans v. Jones
- Laura Swain
- 1:24-cv-06015
- U.S. District Court · Southern District of New York
- 1
In Evans v. Jones, Judge Swain dismissed the complaint for lack of subject-matter jurisdiction after Evans failed to amend it.
Ivan N. Evans’s complaint was dismissed, and his permission to appeal without prepaying the filing fee was denied. The opinion identifies Ethaniel Jones and other defendants but does not describe any separate effect on them.
What happened
In Evans v. Jones, the court had previously dismissed Ivan N. Evans’s complaint for lack of authority to hear the case but allowed him 60 days to file an amended complaint.
Evans did not file an amended complaint within that period. The court therefore dismissed the complaint again for lack of subject-matter jurisdiction.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Evans permission to appeal without paying the filing fees.
The detailed version
- Evans v. Jones · No. 1:24-cv-06015
- Laura Swain
- Mar. 20, 2025
Background
The court stated that, in an order dated January 13, 2025, it dismissed Ivan N. Evans’s complaint for lack of subject-matter jurisdiction, meaning the court concluded it lacked legal authority to hear the case. The court gave Evans 60 days to file an amended complaint and warned that failing to do so would result in dismissal.
Ruling
Evans did not file an amended complaint. The court therefore dismissed the complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). The opinion does not state that the court reached the merits of Evans’s claims.
The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Evans 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.