Guity v. City of New York
- Colleen McMahon
- 1:19-cv-08152
- U.S. District Court · Southern District of New York
- 1
In Guity v. City of New York, Judge McMahon dismissed Johnny Guity’s amended complaint because it stated no facts and thus no claim.
Johnny Guity, whose amended complaint was dismissed; the City and State of New York were named as defendants.
What happened
In Guity v. City of New York, Johnny Guity sued the City and State of New York, but his original complaint did not include any facts.
The court previously dismissed the original complaint and gave Guity 30 days to file an amended complaint. Guity filed one, but it also did not include any facts.
Judge McMahon dismissed the amended complaint for failure to state a claim. The court also denied permission to proceed without paying filing fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Guity v. City of New York · No. 1:19-cv-08152
- Colleen McMahon
- Nov. 27, 2019
Background
Johnny Guity initially sued the City and State of New York. The court dismissed his original complaint because it asserted no facts and gave him 30 days to file an amended complaint. Guity then filed an amended complaint, but the court found that it again failed to assert any facts.
Ruling
The court dismissed the amended complaint for failure to state a claim. This means the pleading did not include facts that, if true, would support a legal claim. The dismissal was issued under 28 U.S.C. § 1915(e)(2)(B)(ii), a screening provision that permits dismissal of a complaint filed without paying filing fees when it fails to state a claim.
Other Order
The court directed the Clerk of Court to mail Guity a copy of the order and record service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Guity permission to proceed without paying filing fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.