Smith-Daye v. City of Poughkeepsie
- Philip Halpern
- 7:24-cv-03555
- U.S. District Court · Southern District of New York
- 1
In Smith-Daye v. City of Poughkeepsie, Judge Halpern dismissed the complaint after Smith-Daye failed to file the required amended complaint.
David P. Smith-Daye's complaint was dismissed after he did not file the required amended complaint. The court also denied him permission to appeal without paying the filing fee.
What happened
David P. Smith-Daye sued the City of Poughkeepsie and other defendants. The court had ordered him to file an amended complaint within thirty days.
Smith-Daye did not file an amended complaint by the deadline. The court therefore dismissed the complaint, which had been filed without paying the filing fee.
Judge Philip M. Halpern also denied Smith-Daye permission to appeal without paying the filing fee, finding that an appeal would not be taken in good faith. The Clerk was directed to close the case.
The detailed version
- Smith-Daye v. City of Poughkeepsie · No. 7:24-cv-03555
- Philip Halpern
- Sept. 17, 2025
Background
On August 14, 2025, the Court ordered David P. Smith-Daye to file an amended complaint within thirty days. The order warned that failing to comply would result in dismissal. Smith-Daye did not file an amended complaint.
Ruling
The Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(11). The complaint had been filed in forma pauperis, meaning Smith-Daye was allowed to proceed without paying the filing fee.
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied in forma pauperis status for an appeal. The Clerk of Court was directed to mail the order to Smith-Daye, note service on the docket, and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.