Markou v. The City of New York
- Laura Swain
- 1:24-cv-09662
- U.S. District Court · Southern District of New York
- 1
In Markou v. The City of New York, Judge Swain dismissed the complaint after Markou failed to file the required amended complaint.
John Markou, whose complaint was dismissed; the City of New York and the other named defendants; and any appeal, for which fee-free status was denied.
What happened
In Markou v. The City of New York, the court had ordered John Markou to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Markou did not file an amended complaint. The court therefore dismissed the complaint under the federal law governing complaints filed without paying the filing fee.
Judge Laura Taylor Swain also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith. She directed the court clerk to enter judgment.
The detailed version
- Markou v. The City of New York · No. 1:24-cv-09662
- Laura Swain
- May 16, 2025
Background
On January 29, 2025, the court ordered John Markou to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal. Markou did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not address the underlying claims.
The court 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 fee-free status for purposes of an appeal. The court directed the Clerk of Court to enter judgment.
Disposition
The complaint was dismissed. The order does not state that the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.