Toliver v. The City of New York
- Colleen McMahon
- 1:19-cv-11834
- U.S. District Court · Southern District of New York
- 1
In Toliver v. City of New York, Chief Judge McMahon dismissed the complaint after Toliver failed to file the required amended complaint.
Michel Toliver's complaint was dismissed, and any state-law claims he may have been asserting were not considered by the federal court. The court also denied fee-free status for an appeal.
What happened
In Toliver v. The City of New York, the court had ordered Michel Toliver to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Toliver did not file an amended complaint. The opinion does not describe the claims or explain the alleged defect in the original complaint.
Chief Judge Colleen McMahon dismissed the complaint under the federal law governing screening of complaints filed without the filing fee. The court declined to consider any state-law claims and denied fee-free status for an appeal because it certified that an appeal would not be taken in good faith.
The detailed version
- Toliver v. The City of New York · No. 1:19-cv-11834
- Colleen McMahon
- Apr. 27, 2020
Background
On February 21, 2020, the court ordered Michel Toliver to file an amended complaint within 60 days. The order stated that failure to comply would result in dismissal. Toliver did not file an amended complaint. The complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not provide the complaint's factual allegations or identify the specific problem that led the court to require an amendment.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), a provision requiring dismissal of certain complaints filed without paying the filing fee. The court declined to exercise supplemental jurisdiction, meaning authority over related state-law claims, that Toliver might be asserting.
The court directed the Clerk of Court to mail Toliver a copy of the order and record service on the docket. Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and 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.