Hernandez v. Harvard Maintenance
- Colleen McMahon
- 1:20-cv-00083
- U.S. District Court · Southern District of New York
- 1
In Hernandez v. Harvard Maintenance, Judge McMahon dismissed the complaint after Hernandez failed to amend it and denied fee-free appeal status.
Leonel Hernandez's complaint against Harvard Maintenance was dismissed. Hernandez was also denied permission to appeal without prepaying filing fees.
What happened
In Hernandez v. Harvard Maintenance, the court had ordered Leonel Hernandez to file an amended complaint within 60 days. The February 19, 2020 order warned that failing to do so would lead to dismissal.
Hernandez did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without prepaying filing fees.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Hernandez permission to appeal without prepaying filing fees. The order did not state whether the dismissal was with or without prejudice.
The detailed version
- Hernandez v. Harvard Maintenance · No. 1:20-cv-00083
- Colleen McMahon
- May 13, 2020
Background
Leonel Hernandez filed a complaint against Harvard Maintenance without prepaying the filing fee. On February 19, 2020, the court ordered Hernandez to file an amended complaint within 60 days and warned that failure to comply would result in dismissal.
Failure to Amend
Hernandez did not file an amended complaint within the required period. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i1), as that provision is cited in the opinion. The opinion does not explain the underlying allegations or identify the reason the court had previously required an amended complaint.
Ruling
Judge Colleen McMahon dismissed the complaint. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Hernandez permission to appeal without prepaying filing fees. The order does not state whether the dismissal was with or without prejudice. The Clerk of Court was directed to mail the order to Hernandez and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.