Avent v. Unknown Charity Ass. Att. Generals
- Colleen McMahon
- 1:19-cv-10923
- U.S. District Court · Southern District of New York
- 1
In Avent v. James, Judge McMahon dismissed the complaint after Avent failed to file the required amended complaint, declined supplemental jurisdiction, and denied appeal fee-waiver status.
Reuben Avent, whose complaint was dismissed. Any state-law claims he may have been asserting were not heard under supplemental jurisdiction, and fee-waiver status was denied for an appeal.
What happened
In Reuben Avent v. NYS Att. Gen. Letitia James, et al., the court had ordered Avent to file an amended complaint within 60 days and later extended the deadline to March 30, 2020.
Avent did not file the amended complaint. The court therefore dismissed the complaint under the statute governing screening of cases filed without upfront filing fees and declined to hear any state-law claims Avent might have been asserting.
Chief Judge Colleen McMahon ordered the dismissal and denied Avent permission to appeal without paying the filing fee, certifying that an appeal would not be taken in good faith.
The detailed version
- Avent v. Unknown Charity Ass. Att. Generals · No. 1:19-cv-10923
- Colleen McMahon
- Apr. 6, 2020
Background
On January 17, 2020, the court directed Reuben Avent to file an amended complaint within 60 days and warned that failing to do so would result in dismissal. The court later extended the deadline to March 30, 2020. The opinion states that Avent did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii)-(ii), the provision governing screening of a complaint filed without paying the filing fee upfront. The court also declined under 28 U.S.C. § 1367(c) to exercise supplemental jurisdiction, meaning authority to hear related state-law claims, over any state-law claims Avent may have been asserting.
Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail Avent a copy of the order and record service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.