Wright v. Bronx Criminal Court
- Laura Swain
- 1:24-cv-07923
- U.S. District Court · Southern District of New York
- 2
Wright v. Bronx Criminal Court: Judge Swain granted Plaintiff 30 days to amend the complaint before the action could be dismissed.
The order affects Plaintiff’s deadline to file an amended complaint and the continuation of the action; the named defendants are not otherwise addressed in this order.
What happened
In Wright v. Bronx Criminal Court, the court had previously dismissed Plaintiff’s complaint but allowed 30 days to file an amended complaint. Plaintiff requested more time after receiving copies of the court’s amendment form.
The court granted the extension. Plaintiff must file an amended complaint within 30 days of the March 27, 2025 order. If Plaintiff does not do so, the court will direct the Clerk of Court to enter judgment dismissing the action for the reasons given in the earlier dismissal order.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied fee-free status for an appeal. This order did not decide the underlying claims.
The detailed version
- Wright v. Bronx Criminal Court · No. 1:24-cv-07923
- Laura Swain
- Mar. 31, 2025
Background
Plaintiff brought the action without a lawyer. In an earlier order dated January 6, 2025, the court dismissed the complaint but gave Plaintiff 30 days to file an amended complaint. Plaintiff twice requested copies of the court’s amended-complaint form, and the Clerk of Court mailed the form each time. Plaintiff then sent a letter requesting an extension of the deadline.
Ruling
The court granted Plaintiff’s request for an extension of time. Plaintiff must file an amended complaint within 30 days after the date of this order. The court stated that, if Plaintiff does not file an amended complaint within that period, it will direct the Clerk of Court to enter judgment dismissing the action for the reasons stated in the January 6 dismissal order.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied Plaintiff permission to proceed without paying filing fees for an appeal. The order did not address the merits of Plaintiff’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.