Felicie v. James
- Kimba Wood
- 1:24-cv-07446
- U.S. District Court · Southern District of New York
- 1
In Felicie v. James, Judge Wood dismissed Bobby Felicie’s action after he failed to replead and denied fee-free appeal status.
Bobby Felicie’s action was dismissed, judgment was ordered entered, and his fee-free status was denied for purposes of an appeal.
What happened
In Felicie v. James, Bobby Felicie’s complaint had previously been dismissed with 30 days to file an amended complaint.
The court warned that failing to do so would result in dismissal, but Felicie did not file an amended complaint or otherwise communicate with the court.
Judge Kimba M. Wood dismissed the action, directed entry of judgment, and denied fee-free status for an appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Felicie v. James · No. 1:24-cv-07446
- Kimba Wood
- July 29, 2025
Background
In an order dated May 19, 2025, the court dismissed Bobby Felicie’s complaint but allowed him 30 days to file an amended complaint. The court warned that failure to comply would result in dismissal. Felicie did not file an amended complaint or otherwise communicate with the court.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii). The complaint had been filed without paying the filing fee under the statute allowing a person who qualifies to proceed without prepaying that fee.
Other Order
Judge Kimba M. Wood certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied fee-free status for purposes of an appeal and directed the Clerk of Court to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.