Smith v. OFC Macintosh
- Laura Swain
- 1:24-cv-06659
- U.S. District Court · Southern District of New York
- 1
In Smith v. OFC Macintosh, Judge Swain dismissed the complaint after Smith failed to file the required amended complaint.
Kevin Smith, whose complaint was dismissed and whose permission to appeal without paying the filing fee was denied. The Clerk of Court was directed to enter a civil judgment.
What happened
In Smith v. OFC Macintosh, the court had ordered Kevin Smith to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal, but Smith did not file one.
The court dismissed the complaint under the federal statute governing complaints filed without paying court fees. It also denied Smith permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to enter a civil judgment in the action. The order did not state that the dismissal was with or without prejudice.
The detailed version
- Smith v. OFC Macintosh · No. 1:24-cv-06659
- Laura Swain
- Aug. 13, 2025
Background
On May 27, 2025, the Court directed Kevin Smith to file an amended complaint within 60 days. That order stated that failure to comply would result in dismissal. Smith 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 order did not state that the dismissal was with or without prejudice.
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Smith permission to proceed without paying the filing fee for an appeal. The Court directed the Clerk of Court to enter a civil judgment in the action.
Classification
This is a procedural order. The Court dismissed the action after Smith failed to follow the order requiring an amended complaint; the opinion did not decide the underlying legal claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.