Carter v. John Doe [Black Male]
- Laura Swain
- 1:24-cv-06182
- U.S. District Court · Southern District of New York
- 2
In David Carter v. John Doe [Black Male], Judge Swain gave Carter 30 days to amend his complaint or face dismissal without prejudice.
David Carter, who must file an amended complaint within 30 days to avoid possible dismissal without prejudice; the unidentified defendant is not otherwise affected by this order.
What happened
In David Carter v. John Doe [Black Male], David Carter is incarcerated at Marcy Correctional Facility and is representing himself. His complaint concerns events at Green Haven Correctional Facility, but the opinion does not describe the underlying claims.
The court said Carter had not met the requirements for an exception allowing him to proceed without paying filing fees based on imminent danger. Although he had missed an earlier deadline to amend his complaint, the court gave him one final 30-day opportunity. No summons will issue yet.
Judge Laura Taylor Swain ordered Carter to file an amended complaint within 30 days of the order. If he does not comply and cannot show a good reason for the delay, the action will be dismissed without prejudice. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Carter v. John Doe [Black Male] · No. 1:24-cv-06182
- Laura Swain
- Oct. 24, 2025
Background
David Carter is incarcerated at Marcy Correctional Facility in Oneida County, New York. He is representing himself and is proceeding without paying filing fees. His complaint concerns events at Green Haven Correctional Facility. The opinion does not describe the claims or the relief Carter seeks.
Prior Amendment Deadline
Earlier orders gave Carter until September 21, 2025, to file an amended complaint. The court had explained that it could not grant relief unless Carter alleged facts establishing that he qualified for the imminent-danger exception to 28 U.S.C. § 1915(g). The court also noted that, because Carter was no longer incarcerated at Green Haven, he likely could not show imminent danger connected to events there. The court said that if Carter alleged imminent danger at Marcy and asserted claims against defendants there, it would transfer the matter to the Northern District of New York to assess his request to proceed without paying filing fees.
Carter did not file an amended complaint or otherwise contact the court by the deadline.
Order
The court granted Carter a final opportunity to amend. He must file an amended complaint within 30 days of the October 24, 2025 order. No summons will issue at this time. If Carter does not comply within that period and cannot show good cause—a legally sufficient reason—for the failure, the action will be dismissed without prejudice, meaning the opinion does not bar refiling.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Carter fee-free status for purposes of an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.