Miranda v. Ivey
- Laura Swain
- 1:25-cv-07153
- U.S. District Court · Southern District of New York
- 1
In Willis Miranda v. Anitra Ivey, Judge Swain granted Miranda’s motion to withdraw and voluntarily dismissed the complaint.
The order ended Willis Miranda’s complaint against Anitra Ivey through a voluntary dismissal. It also denied Miranda permission to appeal without prepaying court fees.
What happened
In Willis Miranda v. Anitra Ivey, Willis Miranda asked the court to withdraw the action. The court received that motion on September 5, 2025.
The court granted Miranda’s motion and voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a). The court’s footnote explains that this type of voluntary dismissal is without prejudice, subject to the rule’s stated exception for an earlier dismissal involving the same claim.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Miranda permission to appeal without prepaying court fees.
The detailed version
- Miranda v. Ivey · No. 1:25-cv-07153
- Laura Swain
- Sept. 10, 2025
Background
Willis Miranda filed this action against Anitra Ivey. On September 5, 2025, the court received Miranda’s motion asking to withdraw the action.
Ruling
The court granted Miranda’s motion. It voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a). The court explained in a footnote that a voluntary dismissal under that rule is without prejudice, meaning the dismissal generally does not prevent refiling, except that a second dismissal involving the same claim can operate as a decision on the merits under Rule 41(a)(1)(B).
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying court fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.