Allah v. Lamanna
- Vincent Briccetti
- 7:18-cv-08644
- U.S. District Court · Southern District of New York
- 1
In Allah v. Lamanna, Judge Briccetti extended Allah’s deadline to oppose defendants’ dismissal motion and warned it would be treated as unopposed if he did not respond.
Plaintiff Anthem Be-Truth Allah, who was proceeding without a lawyer, and defendants Superintendent Jamie Lamanna and Deputy Superintendent of Security Anthony Russo.
What happened
In Allah v. Lamanna, defendants moved to dismiss the amended civil-rights complaint on November 13, 2019. Plaintiff Anthem Be-Truth Allah was proceeding without a lawyer, and his opposition was due December 2, 2019.
The court noted that Allah had not filed a response. It extended his deadline to January 10, 2020, and set January 17, 2020, as the deadline for any reply by defendants.
Judge Vincent L. Briccetti ordered that the motion would be treated as fully submitted and unopposed if Allah did not respond by January 10. The court did not decide the dismissal motion and denied fee-free appeal status for an appeal from this order.
The detailed version
- Allah v. Lamanna · No. 7:18-cv-08644
- Vincent Briccetti
- Dec. 10, 2019
Background
Defendants Superintendent Jamie Lamanna and Deputy Superintendent of Security Anthony Russo moved to dismiss Anthem Be-Truth Allah’s amended complaint, which the opinion describes as a civil-rights action under Section 1983. Defendants served Allah with the motion and supporting papers by regular mail on November 13, 2019. Allah was proceeding without a lawyer.
Under the applicable local rule, Allah’s opposition was due December 2, 2019. The opinion states that no response had been filed by the time of the order.
Order
The court extended Allah’s time to oppose the motion to dismiss until January 10, 2020. Any reply by defendants was due January 17, 2020. The court stated that if Allah did not respond by January 10, the motion would be treated as fully submitted and unopposed. The order did not grant or deny the motion to dismiss.
Appeal-related ruling
Judge Vincent L. Briccetti certified that an appeal from this order would not be taken in good faith. The court therefore denied Allah’s status allowing him to appeal without prepaying fees. The Clerk was directed to mail Allah a copy of the order at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.