Gioliver v. Otis Bantum Correctional Facility
- Laura Swain
- 1:24-cv-09627
- U.S. District Court · Southern District of New York
- 1
In Gioliver v. City of New York, Judge Swain dismissed the complaint after Gioliver failed to file a required amended complaint.
Tineo Gioliver's complaint against The City of New York and other named defendants was dismissed; fee-free status for an appeal was also denied.
What happened
In Gioliver v. City of New York, the court had ordered Tineo Gioliver to file an amended complaint within 60 days.
The order warned that failing to do so would result in dismissal. Gioliver did not file an amended complaint.
Judge Swain dismissed the complaint under the federal statute governing screening of cases filed without the filing fee. She also denied fee-free status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Gioliver v. Otis Bantum Correctional Facility · No. 1:24-cv-09627
- Laura Swain
- June 27, 2025
Background
On March 14, 2025, the Court ordered Tineo Gioliver to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal. Gioliver 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 paying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not explain the claims in the original complaint or the reasons the Court had required an amended complaint.
Appeal and case status
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It directed the Clerk of Court to enter judgment in the action. 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.