Alterio v. Rushmore Loan Services Ditech Wilmington Trust
- Colleen McMahon
- 1:20-cv-00143
- U.S. District Court · Southern District of New York
- 1
In Alterio v. Rushmore Loan Services Ditech Wilmington Trust, Judge McMahon dismissed the complaint after Alterio failed to file the required amended complaint.
Judith Alterio's complaint was dismissed, and fee-free status was denied for any appeal. The opinion does not describe any separate relief affecting the defendants.
What happened
In Alterio v. Rushmore Loan Services Ditech Wilmington Trust, the court had ordered Judith Alterio to file an amended complaint within 60 days.
Alterio did not file the amended complaint. The court dismissed the complaint under the federal statute governing screening of complaints filed without paying filing fees. It also denied fee-free status for any appeal because it certified that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon issued the dismissal order on May 28, 2020.
The detailed version
- Alterio v. Rushmore Loan Services Ditech Wilmington Trust · No. 1:20-cv-00143
- Colleen McMahon
- May 28, 2020
Background
By an order dated February 14, 2020, the court directed Judith Alterio to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal. The opinion states that Alterio did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i1), as cited in the opinion. The complaint had been filed without payment of the filing fee under 28 U.S.C. § 1915(a)(1). The order does not address the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied fee-free status for purposes of an appeal. The clerk was directed to mail Alterio a copy of the order and record service on the docket.
Effect
The complaint was dismissed because Alterio did not file the required amended complaint. The opinion does not state whether the dismissal was with or without prejudice. Chief Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.