Rosario-Ramon v. Doe
- Colleen McMahon
- 1:19-cv-03045
- U.S. District Court · Southern District of New York
- 1
In Rosario-Ramon v. Doe, Judge McMahon dismissed the complaint after Plaintiff failed to file the required amended complaint and denied appeal fee-waiver status.
Matias Rosario-Ramon, whose complaint was dismissed after he failed to file the required amended complaint; his request to proceed without prepaying filing fees for an appeal was also denied.
What happened
In Matias Rosario-Ramon v. John Doe, the court had ordered Rosario-Ramon to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Rosario-Ramon did not file an amended complaint, so the court dismissed the complaint. The court also denied Rosario-Ramon permission to proceed without paying filing fees for an appeal, certifying that an appeal would not be taken in good faith.
Chief United States District Judge Colleen McMahon issued the dismissal order on December 10, 2019. The order does not state whether the dismissal was with or without prejudice.
The detailed version
- Rosario-Ramon v. Doe · No. 1:19-cv-03045
- Colleen McMahon
- Dec. 10, 2019
Background
On September 24, 2019, the court directed Matias Rosario-Ramon to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Rosario-Ramon did not file an amended complaint.
The complaint had been filed without prepaying filing fees under 28 U.S.C. § 1915(a)(1), a status commonly called proceeding in forma pauperis.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i1), as that citation appears in the opinion. The order does not state whether the dismissal was with or without prejudice.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without prepaying filing fees for an appeal. The Clerk of Court was directed to mail Rosario-Ramon a copy of the order and record service on the docket.
Chief United States District Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.