Hankerson v. 23 and me
- Laura Swain
- 1:24-cv-01940
- U.S. District Court · Southern District of New York
- 1
In Hankerson v. 23 and Me, Chief Judge Swain denied Hankerson’s judge-change motion as unnecessary because the case was closed and denied appeal fee waiver.
Theresa Hankerson’s judge-change motion was denied, and fee-free status for an appeal from this order was denied. The action remains closed.
What happened
In Hankerson v. 23 and Me, the court had already dismissed Theresa Hankerson’s case on May 29, 2024, for failure to state a claim. The case was closed and the judgment was entered that same day.
On December 12, 2024, Hankerson filed a motion asking for a “change” of judge. Because the case was already closed, the court said no further activity would take place and denied the motion as unnecessary. The case remains closed.
Chief 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. The Clerk was directed to terminate the motion.
The detailed version
- Hankerson v. 23 and me · No. 1:24-cv-01940
- Laura Swain
- June 17, 2025
Background
The court states that it dismissed Theresa Hankerson’s case on May 29, 2024, for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk entered judgment and terminated the case on the same day.
Motion
On December 12, 2024, Hankerson filed a notice of motion requesting a “change” of judge. The opinion does not explain the basis for that request. Because the case was closed, the court stated that no further activity would take place.
Ruling
The court denied Hankerson’s motion as unnecessary. It directed the Clerk to terminate the motion listed at ECF 11, and stated that the action remains closed. 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 and denied fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.