Auguste v. Mayor Eric Adams
- Laura Swain
- 1:25-cv-00410
- U.S. District Court · Southern District of New York
- 1
In Auguste v. Adams, Judge Swain granted Cherryl Auguste’s withdrawal request, voluntarily dismissed the action, and denied fee-free appeal status.
Cherryl Auguste and the listed defendants, including The City of New York and Mayor Eric Leroy Adams; the order also denies Auguste permission to appeal without paying filing fees.
What happened
In Auguste v. Mayor Eric Adams, Cherryl Auguste asked to withdraw her complaint. The court received her request on May 13, 2025.
The court granted the request and voluntarily dismissed the action under Federal Rule of Civil Procedure 41(a). The court also directed the clerk to terminate the motion and denied Auguste permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
Chief Judge Laura Taylor Swain issued the order on June 3, 2025. The order explains that this type of voluntary dismissal is generally without prejudice, but a prior dismissal involving the same claim can change that result.
The detailed version
- Auguste v. Mayor Eric Adams · No. 1:25-cv-00410
- Laura Swain
- June 3, 2025
Background
On May 13, 2025, the court received Cherryl Auguste’s motion to withdraw her complaint. The opinion does not address the merits of the claims.
Ruling
The court granted Auguste’s request to withdraw the action. It stated that the complaint was voluntarily dismissed under Federal Rule of Civil Procedure 41(a), and directed the Clerk of Court to terminate the motion filed at ECF 7.
The court also 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 permission to appeal without paying filing fees. The court’s footnote explains that a voluntary dismissal under Rule 41(a) is without prejudice, except that a later dismissal involving the same claim may operate as a decision on the merits if the plaintiff previously dismissed a federal- or state-court action based on or including that claim.
Effect
The action was voluntarily dismissed at Auguste’s request. The order does not decide whether her underlying claims were legally valid. Chief Judge Laura Taylor Swain signed the order on June 3, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.