McDaniel v. The People of the State of New York

Background

Curtis McDaniel was incarcerated at Rikers Island, represented himself, and was proceeding without paying the filing fee. He had filed an original complaint on August 30, 2019, and another complaint using this case's docket number on September 12, 2019. The Clerk's Office docketed the later filing as an amended complaint because it carried docket number 19-CV-8166.

McDaniel then sent the court a letter saying that he had sent a duplicate amended report because his mail was being withheld. He asked the court to move material from this case into another case and also asked about a separate case. The court noted that McDaniel had other pending cases and had sent similar letters in two of them. Because the court could not determine which documents belonged in which case, it concluded that McDaniel could not amend his pleading through letters identifying documents that belonged elsewhere.

Ruling

Judge Colleen McMahon granted McDaniel leave to file a second amended complaint. The Clerk of Court was directed to mail him a copy of the order and a “Second Amended Civil Rights Complaint” form and to note service on the docket.

McDaniel must submit the second amended complaint to the court's Pro Se Intake Unit within 60 days of the order's date. He must caption it “Second Amended Complaint” and label it with docket number 19-CV-8166 (CM). No summons will issue at this time. If he does not comply within the allowed time and cannot show good cause for the failure, the amended complaint filed on September 12, 2019, will remain the operative pleading.

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 McDaniel permission to proceed without paying the filing fee for an appeal. The order did not decide the merits of McDaniel's civil-rights claims.