Cano v. Cohen
- Colleen McMahon
- 1:18-cv-11550
- U.S. District Court · Southern District of New York
- 2
In Cano v. Cohen, Judge McMahon dismissed the remaining claims after Cano failed to file an amended complaint, finding they failed to state a claim.
Christopher Hiram Cano’s remaining claims were dismissed. The order also denied fee-free appeal status for an appeal from this order.
What happened
In Cano v. Cohen, the court had previously allowed Christopher Hiram Cano 60 days to file an amended complaint. It had already dismissed claims against New York State, the Bronx County District Attorney’s Office, Johnson, Clark, Kharkover, and the 44th Precinct.
Cano did not file an amended complaint within the time allowed. The court’s earlier order warned that failing to do so would lead to dismissal of the remaining claims for failure to state a claim for relief.
Judge Colleen McMahon dismissed the remaining claims on that basis under 28 U.S.C. § 1915(e)(2)(B)(ii). The court also denied fee-free appeal status because it certified that an appeal would not be taken in good faith.
The detailed version
- Cano v. Cohen · No. 1:18-cv-11550
- Colleen McMahon
- Dec. 20, 2019
Background
Christopher Hiram Cano sued Shawn Cohen, identified in the caption as a New York Post employee, and other defendants. The opinion states that, in an order dated October 4, 2019, the court granted Cano permission to file an amended complaint within 60 days. That earlier order dismissed all claims against the State of New York, the Bronx County District Attorney’s Office, and Johnson, Clark, and Kharkover. It also dismissed Cano’s claims against the 44th Precinct.
The earlier order warned that failing to comply would result in dismissal of the remaining claims for failure to state a claim on which relief could be granted.
Ruling
The court stated that Cano had not filed an amended complaint. It therefore dismissed the remainder of his claims for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii), a statute that permits dismissal of certain claims that fail to state a legally sufficient claim.
Appeal-related ruling and effect
The court directed the Clerk of Court to mail Cano a copy of the order and record service on the docket. Judge Colleen McMahon certified that any appeal from the order would not be taken in good faith and denied fee-free appeal status for that purpose. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.