Williams v. New York
- Colleen McMahon
- 1:18-cv-08353
- U.S. District Court · Southern District of New York
- 1
In Williams v. New York, Judge McMahon dismissed Curtis Williams’s action after he failed to file the required amended complaint.
Curtis Williams’s action against New York was dismissed. The court also denied permission to proceed without paying court fees for an appeal.
What happened
In Williams v. New York, the court had reopened Curtis Williams’s action and allowed him 30 days to file an amended complaint. The earlier order warned that failing to do so could lead to dismissal.
Williams did not file an amended complaint. The court therefore dismissed the action as frivolous, for failing to state a claim for relief, and for seeking money from a defendant protected from that type of lawsuit.
Chief Judge Colleen McMahon ordered the Clerk to mail Williams the decision and stated that an appeal would not be considered to have been brought in good faith. The court therefore denied permission to proceed without paying court fees on appeal.
The detailed version
- Williams v. New York · No. 1:18-cv-08353
- Colleen McMahon
- Jan. 15, 2020
Background
On November 15, 2019, the court reopened Curtis Williams’s action and gave him 30 days to file an amended complaint. The court’s earlier order warned that failure to comply could result in dismissal as frivolous, for failure to state a claim on which relief could be granted, and for seeking monetary relief from a defendant immune from that relief.
Williams did not file an amended complaint.
Ruling
The court dismissed the action on all three stated grounds: as frivolous, for failure to state a claim on which relief could be granted, and for seeking monetary relief from an immune defendant. The opinion cites 28 U.S.C. § 1915(e)(2)(B), the statute governing dismissal of certain claims filed without prepayment of court fees.
The court directed the Clerk to mail Williams a copy of the order and record service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying court fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.