Peterkin v. Quick Chill Food Services
- Colleen McMahon
- 1:19-cv-07819
- U.S. District Court · Southern District of New York
- 1
In Peterkin v. Quick Chill Food Services, Judge McMahon granted Peterkin’s request to withdraw his complaint and voluntarily dismissed the action.
Kahene Peterkin and the defendants in the action, including Quick Chill Food Services. The action was voluntarily dismissed at Peterkin’s request without a ruling on the complaint’s merits.
What happened
In Peterkin v. Quick Chill Food Services, Kahene Peterkin told the court that he wanted to withdraw his complaint.
The court granted that request under Rule 41(a) of the Federal Rules of Civil Procedure and voluntarily dismissed the action. The opinion does not address the merits of the complaint.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Peterkin v. Quick Chill Food Services · No. 1:19-cv-07819
- Colleen McMahon
- Dec. 3, 2019
Background
On November 27, 2019, the court received a letter from Kahene Peterkin stating that he wanted to withdraw his complaint against Quick Chill Food Services and the other defendants.
Ruling
The court granted Peterkin’s request under Rule 41(a) of the Federal Rules of Civil Procedure. The complaint was voluntarily dismissed. The order does not state that the dismissal was with or without prejudice, and it does not decide the merits of the complaint.
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 fee-free status for purposes of an appeal. The Clerk of Court was directed to mail Peterkin a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.