Winter v. Fay
- Laura Swain
- 1:24-cv-07643
- U.S. District Court · Southern District of New York
- 2
Winter v. Fay: Judge Swain dismissed the complaint after Winter failed to file an amended complaint and denied fee-free appeal status.
Pamela J. Winter’s action was dismissed, and she was denied permission to proceed without prepaying filing fees for an appeal. The defendants were affected by entry of the civil judgment dismissing the action.
What happened
In Winter v. Fay, the court had previously dismissed Pamela J. Winter’s complaint but gave her 30 days to file an amended complaint. The court warned that failing to do so would lead to dismissal and a civil judgment.
Winter did not file an amended complaint. The court therefore dismissed the complaint under the federal law governing screening of cases filed without prepaying filing fees and directed the Clerk to enter civil judgment dismissing the action.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Winter permission to proceed without prepaying fees for an appeal.
The detailed version
- Winter v. Fay · No. 1:24-cv-07643
- Laura Swain
- May 28, 2025
Background
Pamela J. Winter filed the complaint without prepaying filing fees under 28 U.S.C. § 1915(a)(1). In an earlier order dated January 29, 2025, the Court dismissed the complaint and allowed Winter 30 days to file an amended complaint. That order stated that failing to comply would result in dismissal of the complaint and entry of a civil judgment.
Court’s ruling
Winter did not file an amended complaint. The Court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), which governs dismissal during screening of cases filed without prepaying filing fees. The Court directed the Clerk of Court to enter a civil judgment dismissing the action.
Appeal-fee ruling
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. Judge Laura Taylor Swain therefore denied Winter permission to proceed without prepaying filing fees for an appeal. The order does not address the underlying merits of Winter’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.