Adam v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09613
- U.S. District Court · Southern District of New York
- 1
In Hussein Adam v. City of New York, Judge Swain dismissed the complaint after Adam failed to file an amended complaint.
Hussein Adam's complaint was dismissed after he failed to file the required amended complaint; the court also denied permission to appeal without prepaying the filing fee.
What happened
In Hussein Adam v. City of New York, the court had ordered Adam to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Adam did not file an amended complaint. The court therefore dismissed his complaint under the federal statute governing complaints filed without paying the filing fee.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Adam permission to appeal without paying the fee. The clerk was directed to enter judgment.
The detailed version
- Adam v. Otis Bantum Correctional Facility · No. 1:24-cv-09613
- Laura Swain
- Apr. 23, 2025
Background
On January 29, 2025, the court ordered Hussein Adam to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal. Adam did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court did not decide the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying the filing fee. The court directed the clerk to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.