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S.D.N.Y.Procedural orderFiled May 27, 2020

Bryan v. The City University of New York

Judge
Colleen McMahon
Docket
1:20-cv-01627
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Bryan v. The City University of New York, Judge McMahon dismissed the complaint after Bryan failed to file the required amended complaint.

Who this affects

Shema M. Bryan's complaint was dismissed after she did not file the required amended complaint. The order also denied fee-free status for any appeal.

What happened

In Bryan v. The City University of New York, the court had ordered Bryan to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.

Bryan did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without prepaying the filing fee. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.

Chief United States District Judge Colleen McMahon issued the dismissal order on May 27, 2020. The opinion does not state whether the dismissal was with or without prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bryan v. The City University of New York · No. 1:20-cv-01627
Judge
Colleen McMahon
Date
May 27, 2020

Background

On March 23, 2020, the court ordered Shema M. Bryan to file an amended complaint within 60 days. The order expressly stated that failing to comply would result in dismissal. Bryan had filed the complaint without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).

Ruling

Because Bryan did not file an amended complaint, the court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B). The opinion does not specify whether the dismissal was with or without prejudice.

The court directed the Clerk of Court to mail Bryan a copy of the order and record service on the docket. It also 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. Chief United States District Judge Colleen McMahon signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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