McDaniel v. The People of the City of New York

Background

Curtis McDaniel filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state actors. The opinion states that he filed the action while detained at Rikers Island. On January 28, 2020, the court gave him permission to amend his complaint within 60 days.

On March 17, 2020, the court received McDaniel’s letter requesting an additional 60 days. He said his receipt of the order to amend was delayed because he had been transferred to the New York State Department of Corrections and Community Supervision and was then incarcerated at Bare Hill Correctional Facility.

Rulings

The court granted McDaniel’s request for an extension of time. It granted him leave to file the amended complaint described in the January 28 order within 60 days of the March 18 order. The court stated that no further extensions would be granted.

The court warned that if McDaniel failed to comply within the allowed time and could not show good cause for the failure, the action would be dismissed for failure to state a claim. That warning was not a dismissal of the action in this order.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. Chief Judge Colleen McMahon signed the order.

Classification

This is a procedural order. It extended the deadline to amend the complaint and ruled on appeal fee status without deciding the merits of McDaniel’s claims.