Ford v. The Board of Education of The City School District of the City of NY
- Colleen McMahon
- 1:19-cv-06327
- U.S. District Court · Southern District of New York
- 2
In Ford v. Board of Education, Judge McMahon granted a 60-day extension, warned of possible dismissal, and denied fee-free appeal status.
Brian Ford was given additional time to file an amended complaint and was warned that the action would be dismissed if he missed the deadline. The Board of Education and the other named defendants remained parties to the action.
What happened
In Ford v. The Board of Education of The City School District of the City of NY, the court considered Brian Ford’s request for more time to file an amended complaint.
Ford, who was representing himself, asked for an extension after an earlier order gave him 60 days to amend his complaint. The court granted another 60 days.
Judge Colleen McMahon ordered the clerk to mail Ford the order and record service. She warned that failing to file the amended complaint within 60 days would lead to dismissal for failure to state a claim. The court also denied fee-free appeal status for any appeal from this order.
The detailed version
- Ford v. The Board of Education of The City School District of the City of NY · No. 1:19-cv-06327
- Colleen McMahon
- Jan. 8, 2020
Background
Brian Ford, who appeared without a lawyer, sued The Board of Education of The City School District of the City of NY, also identified as NYCBOE and NYCDOE. In an order dated November 6, 2019, the court had allowed Ford 60 days to file an amended complaint. On January 3, 2020, the court received Ford’s letter asking for more time.
Ruling
The court granted Ford a 60-day extension to comply with the November 6 order. It directed the clerk to mail Ford a copy of the order and note service on the docket.
The court stated that if Ford did not file an amended complaint within 60 days of the January 8 order, it would dismiss the action for failure to state a claim on which relief could be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The court did not dismiss the action in this order.
The court also certified that any appeal from the order would not be taken in good faith and denied Ford permission to proceed without paying fees on appeal under 28 U.S.C. § 1915(a)(3).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.