Nemhard v. New York City Office of Child Support
- Gregory Woods
- 1:25-cv-00073
- U.S. District Court · Southern District of New York
- 2
In Nemhard v. New York City Office of Child Support, Judge Woods dismissed the § 1983 claim with prejudice and state-law claims without prejudice after no amended complaint was filed.
Barry Nemhard and the New York City Office of Child Support; the § 1983 claim was dismissed with prejudice, while the state-law claims were dismissed without prejudice.
What happened
Barry Nemhard sued the New York City Office of Child Support without a lawyer. In an earlier order, the court dismissed his claim under 42 U.S.C. § 1983 and declined to hear his state-law claims, but allowed him to amend his complaint.
The deadline to file an amended complaint was October 3, 2025. The deadline passed without an amended complaint being filed. The earlier order had warned that the case would be dismissed if no amended complaint was filed.
On October 6, 2025, Judge Gregory H. Woods dismissed the § 1983 claim with prejudice and dismissed the state-law claims without prejudice. He directed the Clerk to enter judgment for the defendant and close the case, and denied permission to appeal without the required filing status.
The detailed version
- Nemhard v. New York City Office of Child Support · No. 1:25-cv-00073
- Gregory Woods
- Oct. 6, 2025
Background
Barry Nemhard filed this action without a lawyer on January 3, 2025. The court’s September 3, 2025 opinion dismissed his claim under 42 U.S.C. § 1983, which allows certain claims against government officials for violating federal rights. The court declined to exercise supplemental jurisdiction, meaning authority to hear related state-law claims, and granted Nemhard permission to file an amended complaint to correct the problems identified in that opinion.
Failure to Amend
The deadline for filing an amended complaint was October 3, 2025. The September order stated that if Nemhard did not file one by the deadline, the court would dismiss the action for the reasons stated in that order and direct the Clerk of Court to enter judgment for the defendant. The deadline passed, and Nemhard did not file an amended complaint.
Ruling
The court dismissed Nemhard’s § 1983 claim with prejudice. It dismissed his state-law claims without prejudice. The court also certified that any appeal would not be taken in good faith and denied the status that would allow him to appeal without prepaying the required costs. The Clerk of Court was directed to enter judgment for the New York City Office of Child Support, close the case, and mail the order and judgment to Nemhard.
This order resolved the case based on the failure to file an amended complaint by the court-ordered deadline; it did not decide the underlying merits of the claims in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.