Sanchez v. Miller
- Colleen McMahon
- 1:20-cv-00620
- U.S. District Court · Southern District of New York
- 1
In Sanchez v. Miller, Judge Colleen McMahon dismissed the complaint after Matthew and Tianna Sanchez failed to file the required amended complaint.
Matthew Sanchez and Tianna S. Sanchez, whose complaint was dismissed after they did not file the required amended complaint; the court also denied them permission to appeal without prepaying the filing fee.
What happened
In Sanchez v. Miller, the court had ordered Matthew Sanchez and Tianna S. Sanchez to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
The plaintiffs did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing complaints filed without paying filing fees.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied the plaintiffs permission to appeal without paying the filing fee.
The detailed version
- Sanchez v. Miller · No. 1:20-cv-00620
- Colleen McMahon
- June 8, 2020
Background
Matthew Sanchez and Tianna S. Sanchez sued Judge Martin Miller and other defendants. The court had previously ordered the plaintiffs to file an amended complaint within 60 days and expressly warned that failure to comply would result in dismissal. The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
The plaintiffs did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), the provision cited in the opinion for dismissing a fee-waived complaint.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying the filing fee. The opinion does not state that the dismissal was with or without prejudice.
Judge and case administration
Chief Judge Colleen McMahon ordered the Clerk of Court to mail the dismissal order to the plaintiffs and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.