Ryan v. Leousis
- Colleen McMahon
- 1:19-cv-10523
- U.S. District Court · Southern District of New York
- 1
In Dorothy Ryan v. Fay Leosis, Judge McMahon dismissed the complaint after Ryan failed to file the required amended complaint.
Dorothy Ryan’s complaint was dismissed, and her permission to proceed without paying the filing fee on appeal was denied.
What happened
In Dorothy Ryan v. Fay Leosis, et al., the court dismissed Ryan’s complaint after she did not file an amended complaint by the court’s deadline.
The court had ordered Ryan to file an amended complaint within 60 days and warned that failing to do so would result in dismissal. Ryan did not file one.
The court dismissed the complaint for failure to state a claim and terminated the other pending matters. Judge Colleen McMahon also denied Ryan permission to proceed without paying filing fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Ryan v. Leousis · No. 1:19-cv-10523
- Colleen McMahon
- Apr. 27, 2020
Background
The court had previously ordered Dorothy Ryan to file an amended complaint within 60 days. That order warned that the complaint would be dismissed if she did not comply. Ryan did not file an amended complaint.
Ruling
The court dismissed Ryan’s complaint, which had been filed without paying the filing fee under the federal law allowing indigent litigants to proceed without prepaying court costs. The stated ground was failure to state a claim upon which relief could be granted. The court also directed the clerk to terminate all other pending matters.
Appeal Filing Status
The court certified that any appeal would not be taken in good faith and denied Ryan permission to proceed without paying the filing fee for an appeal.
Disposition
The complaint was dismissed for failure to state a claim. The order did not state that the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.