Manuel v. The State of New York
- Vincent Briccetti
- 7:18-cv-11820
- U.S. District Court · Southern District of New York
- 1
In Manuel v. New York, Judge Briccetti deemed defendants’ dismissal motion unopposed and denied plaintiff’s request to appeal without paying.
Elizabeth Manuel and the defendants—The State of New York, Kenneth Maine, and Anthony Lorenzo—were affected. The dismissal motion remained pending as an unopposed submission, and Manuel was denied permission to appeal without paying filing costs.
What happened
In Manuel v. The State of New York, defendants moved to dismiss Elizabeth Manuel’s complaint on December 13, 2019. Her response was due December 30, 2019.
Manuel did not file a response by that deadline. The court extended her deadline to February 6, 2020, and warned that the motion would be treated as fully submitted and unopposed if she did not respond. She did not respond or request more time.
Judge Vincent L. Briccetti treated the dismissal motion as fully submitted and unopposed. The order did not decide the dismissal motion itself. It also stated that an appeal would not be taken in good faith and denied Manuel permission to appeal without paying the filing costs.
The detailed version
- Manuel v. The State of New York · No. 7:18-cv-11820
- Vincent Briccetti
- Feb. 14, 2020
Background
On December 13, 2019, The State of New York, Kenneth Maine, and Anthony Lorenzo moved to dismiss Elizabeth Manuel’s complaint. Under the deadlines cited by the court, Manuel’s opposition was due December 30, 2019.
Failure to Oppose
Manuel did not file an opposition by December 30, 2019. The court extended her deadline to February 6, 2020, and warned that failure to respond would cause the motion to be treated as fully submitted and unopposed. Manuel did not respond by the extended deadline and did not request additional time.
Rulings
The court deemed defendants’ motion to dismiss fully submitted and unopposed. The order did not grant or deny the motion to dismiss and did not address the merits of the complaint. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the appeal-related filing costs. The Clerk was directed to mail Manuel a copy of the order at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.