Ross v. Copper
- Laura Swain
- 1:25-cv-00293
- U.S. District Court · Southern District of New York
- 1
Llyod N. Ross v. C.O. Copper; Captain Davis: Judge Wood dismissed the complaint after Ross failed to respond to an order addressing a possible time bar.
Llyod N. Ross’s complaint was dismissed, and the court denied him permission to appeal without paying the filing fee. C.O. Copper and Captain Davis were the named defendants.
What happened
In Llyod N. Ross v. C.O. Copper; Captain Davis, the court had ordered Ross to explain by declaration why his action should not be dismissed as filed too late.
Ross did not file the required declaration by the deadline set in the court’s August 19, 2025 order. That order had warned that failing to respond could result in dismissal for failure to state a claim.
Judge Kimba M. Wood dismissed the complaint under the statute governing screening of cases filed without paying the filing fee. The court also denied Ross permission to appeal without paying the fee and directed the clerk to enter a civil judgment.
The detailed version
- Ross v. Copper · No. 1:25-cv-00293
- Laura Swain
- Sept. 30, 2025
Background
The court had previously ordered Plaintiff Llyod N. Ross, by order dated August 19, 2025, to show cause by declaration why the action should not be dismissed as time barred. The order stated that failing to comply would result in dismissal of the complaint for failure to state a claim.
Ruling
Ross did not file a declaration responding to the August 19 order. The court therefore dismissed the complaint, which had been filed without prepaying the filing fee, under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not state whether 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 and denied fee-free status for an appeal. It directed the clerk to enter a civil judgment.
Effect
The complaint brought by Ross against C.O. Copper and Captain Davis was dismissed. The order also prevents Ross from proceeding without paying the filing fee for an appeal in this matter.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.