Coleman-Bey v. Childrens Aid Society
- Colleen McMahon
- 1:19-cv-07911
- U.S. District Court · Southern District of New York
- 1
In Coleman-Bey v. Children’s Aid Society, Judge McMahon dismissed the complaint after Coleman-Bey failed to file the required amended complaint.
Bro Bashiri Coleman-Bey’s complaint was dismissed after he failed to file the required amended complaint. Any state-law claims were not heard under supplemental jurisdiction, and fee-free filing status for an appeal was denied.
What happened
In Coleman-Bey v. Children’s Aid Society, the court had ordered Bro Bashiri Coleman-Bey to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Coleman-Bey did not file an amended complaint, so the court dismissed the complaint under the cited federal statute. The court also declined to hear any state-law claims and denied fee-free appeal status because it certified that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon ordered the dismissal, directed the clerk to mail the order to Coleman-Bey, and directed that service be recorded on the docket.
The detailed version
- Coleman-Bey v. Childrens Aid Society · No. 1:19-cv-07911
- Colleen McMahon
- Jan. 6, 2020
Background
By an order dated November 4, 2019, the court directed Bro Bashiri Coleman-Bey to file an amended complaint within 60 days. That order expressly stated that failing to comply would result in dismissal. Coleman-Bey did not file an amended complaint.
The complaint had been filed without prepaying filing fees under 28 U.S.C. § 1915(a)(1). The opinion does not describe the underlying claims.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not analyze the merits of the underlying claims. The court also declined under 28 U.S.C. § 1367(c) to exercise supplemental jurisdiction, meaning authority to hear related state-law claims, over any state-law claims.
Chief United States District Judge Colleen McMahon directed the clerk to mail a copy of the order to Coleman-Bey and record service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied fee-free filing status for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.