Rubert v. Village of Monticello
- Colleen McMahon
- 1:19-cv-10636
- U.S. District Court · Southern District of New York
- 1
In Rubert v. Village of Monticello, Judge McMahon dismissed the complaint after Jose L. Rubert failed to file the required amended complaint.
Jose L. Rubert's complaint was dismissed, and his permission to proceed without paying the filing fee on appeal was denied. The order affected the Village of Monticello, the identified police officers, and the Monticello Police Department as defendants because the complaint against them was dismissed.
What happened
In Rubert v. Village of Monticello, the court had ordered Jose L. Rubert to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Rubert did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without paying the filing fee under the federal law cited in the order.
Chief Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied Rubert permission to proceed without paying the filing fee for an appeal.
The detailed version
- Rubert v. Village of Monticello · No. 1:19-cv-10636
- Colleen McMahon
- May 8, 2020
Background
On January 10, 2020, the court ordered Plaintiff Jose L. Rubert to file an amended complaint within 60 days. The order warned that the complaint would be dismissed if he did not comply. The opinion states that the complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
Rubert did not file an amended complaint. The court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i1), as that citation appears in the opinion. The order does not discuss the underlying claims.
Appeal and service
The court directed the Clerk of Court to mail Rubert a copy of the order and record service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. As a result, the court denied Rubert permission to proceed without paying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.