Lane v. Commissioner of Social Security
- Colleen McMahon
- 1:19-cv-10669
- U.S. District Court · Southern District of New York
- 1
In Lane v. Commissioner of Social Security, Judge McMahon granted Lane’s request to withdraw and dismissed the action without prejudice.
Valerie Lane’s Social Security action was voluntarily dismissed without prejudice. The court also denied fee-free status for any appeal.
What happened
In Lane v. Commissioner of Social Security, Valerie Lane asked to withdraw her case in a letter received by the court on December 19, 2019.
The court granted her request under the federal rule governing voluntary dismissal and dismissed the action without prejudice.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied fee-free appeal status.
The detailed version
- Lane v. Commissioner of Social Security · No. 1:19-cv-10669
- Colleen McMahon
- Jan. 2, 2020
Background
On December 19, 2019, the court received a letter from Valerie Lane asking to withdraw the action.
Ruling
The court granted Lane’s request under Rule 41(a) of the Federal Rules of Civil Procedure, which permits voluntary dismissal. The court dismissed the action without prejudice and described the dismissal as voluntary.
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 Lane permission to pursue an appeal without paying the required fees. The Clerk of Court was directed to assign the matter to Judge McMahon’s docket, mail the order to Lane, and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.