Hardy v. New York State Department of Labor
- Colleen McMahon
- 1:19-cv-05291
- U.S. District Court · Southern District of New York
- 1
In Hardy v. New York State Department of Labor, Judge McMahon dismissed the action after Hardy failed to file an amended complaint.
Richard Hardy’s action was dismissed, and he was denied permission to appeal without paying filing fees. The New York State Department of Labor was the defendant protected by the court’s stated immunity ground.
What happened
Hardy v. New York State Department of Labor involved Richard Hardy’s action against the New York State Department of Labor. The court had given Hardy 60 days to file an amended complaint and warned that failing to do so could lead to dismissal.
Hardy did not file an amended complaint. The court therefore dismissed the action as frivolous and for seeking money from a defendant immune from that relief. The court also determined that an appeal would not be taken in good faith and denied Hardy permission to appeal without paying filing fees.
Chief United States District Judge Colleen McMahon issued the order on January 22, 2020.
The detailed version
- Hardy v. New York State Department of Labor · No. 1:19-cv-05291
- Colleen McMahon
- Jan. 22, 2020
Background
In an order dated November 1, 2019, the court gave Richard Hardy permission to file an amended complaint within 60 days. The court warned that failing to comply would result in dismissal as frivolous and for seeking monetary relief from a defendant immune from that relief.
Hardy did not file an amended complaint.
Ruling
The court dismissed the action as frivolous and for seeking monetary relief against a defendant immune from such relief under 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). The opinion does not state whether the dismissal was with or without prejudice.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied Hardy permission to appeal without paying filing fees. The Clerk of Court was directed to mail Hardy a copy of the order and record service on the docket.
Judge
Chief United States District Judge Colleen McMahon entered the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.