Askins v. Prestige Management Inc.
- Laura Swain
- 1:25-cv-00461
- U.S. District Court · Southern District of New York
- 2
In Askins v. Prestige Management Inc., Judge Swain granted Askins’s extension request and set a 30-day amended-complaint deadline.
Delroy Askins, who must file an amended complaint within 30 days of the order to avoid the court directing entry of judgment dismissing the action.
What happened
In Askins v. Prestige Management Inc., the court had previously dismissed Delroy Askins’s complaint but allowed him 30 days to file an amended complaint. Askins is representing himself.
Askins asked for more time by letter filed June 23, 2025. The court granted the request and directed him to file an amended complaint within 30 days of the June 25 order.
Judge Laura Taylor Swain warned that if Askins does not file on time, the clerk will be directed to enter judgment dismissing the action for the reasons given in the earlier dismissal order. The court also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Askins v. Prestige Management Inc. · No. 1:25-cv-00461
- Laura Swain
- June 25, 2025
Background
Delroy Askins brought this action representing himself against Prestige Management Inc. and Lowell Hendricks. In an order dated May 27, 2025, the court dismissed the complaint but gave Askins 30 days to file an amended complaint.
Request for More Time
On June 23, 2025, Askins filed a letter requesting an extension of time to file the amended complaint. The court granted the request and directed him to file the amended complaint within 30 days of the June 25 order.
Effect of Missing the Deadline
The court stated that if Askins does not file an amended complaint within the allowed time, it will direct the clerk to enter judgment dismissing the action for the reasons stated in the May 27 order. The opinion does not repeat those reasons.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees for that appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.