White v. New York City Police Department
- Colleen McMahon
- 1:19-cv-07946
- U.S. District Court · Southern District of New York
- 1
Judge McMahon dismissed White v. New York City Police Department after White failed to file an amended complaint, and denied fee-free appeal status.
Devin White, whose complaint was dismissed and whose fee-free appeal status was denied.
What happened
White v. New York City Police Department involved Devin White’s complaint against the New York City Police Department and other defendants. The court had ordered White to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
White did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing screening of complaints filed without paying filing fees.
Chief United States District Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied White fee-free appeal status for purposes of an appeal.
The detailed version
- White v. New York City Police Department · No. 1:19-cv-07946
- Colleen McMahon
- Dec. 27, 2019
Background
Devin White filed a complaint without paying the filing fee, under 28 U.S.C. § 1915(a)(1). By an order dated September 24, 2019, the court directed White to file an amended complaint within 60 days and stated that failing to comply would result in dismissal.
Ruling
White did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B), the provision cited in the order for screening complaints filed without paying the filing fee. The order does not decide the underlying claims.
Appeal status
The court 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 White permission to proceed without paying fees for an appeal. The Clerk was directed to mail White 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.