Lainez v. New York State Department of Corrections
- Vincent Briccetti
- 7:18-cv-06754
- U.S. District Court · Southern District of New York
- 1
In Lainez v. New York State Department of Corrections, Judge Briccetti entered judgment for defendants after Lainez failed to amend or request more time.
The judgment ended Lainez’s case against the named defendants and denied permission to appeal without paying the appellate filing fees.
What happened
In Lainez v. New York State Department of Corrections, the judgment states that the court had already dismissed all of Lainez’s claims. Lainez did not file a second amended complaint or ask for more time to do so.
The court entered judgment in the defendants’ favor and closed the case. It also stated that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fees.
Judge Briccetti is identified in the case information as the judge. The judgment itself is dated November 27, 2019, and was entered by the court clerk.
The detailed version
- Lainez v. New York State Department of Corrections · No. 7:18-cv-06754
- Vincent Briccetti
- Nov. 27, 2019
Background
The judgment states that, under the court’s November 25, 2019 order, all of the plaintiff’s claims had already been dismissed. The plaintiff had not filed a second amended complaint and had not requested an extension of time to file one.
The judgment’s caption lists the defendants as Amy Roycroft, Ashley Harris-Baker, Jeanette Barret-Wilson, Julio Martinez, and Stephanie O’Sullivan.
Ruling
The court entered judgment in the defendants’ favor and closed the case. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the November 25 order would not be taken in good faith. As a result, the court denied the plaintiff permission to appeal without paying the appellate filing fees.
Limits of the Opinion
This judgment does not explain the claims, the reasons for the earlier dismissal, or the terms of the November 25 order. It addresses the plaintiff’s failure to file a second amended complaint or seek more time and then enters judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.