Katz v. New York Historical Society
- Colleen McMahon
- 1:19-cv-08637
- U.S. District Court · Southern District of New York
- 1
In Katz v. New York Historical Society, Judge McMahon dismissed the complaint after Katz failed to file the required amended complaint.
Robert A. Katz’s complaint was dismissed after he failed to file the required amended complaint; the court also denied fee-free status for an appeal.
What happened
Katz v. New York Historical Society concerns Robert A. Katz’s complaint against the New York Historical Society and other defendants. The court had ordered Katz to file an amended complaint within 60 days.
Katz did not file an amended complaint by the deadline. The earlier order warned that failing to comply would lead to dismissal.
Judge Colleen McMahon dismissed the complaint under the federal statute governing complaints filed without paying filing fees. She also denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Katz v. New York Historical Society · No. 1:19-cv-08637
- Colleen McMahon
- Feb. 14, 2020
Background
On December 3, 2019, the court ordered Robert A. Katz to file an amended complaint within 60 days. The order stated that the complaint would be dismissed if he did not comply. Katz did not file an amended complaint. The opinion states that the complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(a1), as cited in the opinion. The court did not decide the underlying claims. It directed the clerk to mail Katz a copy of the order and record service on the docket.
Judge Colleen McMahon also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.