Coston v. NYS DOCCS
- Colleen McMahon
- 1:20-cv-00350
- U.S. District Court · Southern District of New York
- 1
In Coston v. NYS DOCCS, Judge McMahon dismissed the complaint after Ashante Coston failed to amend it and denied fee-free status for any appeal.
Ashante Coston, whose complaint was dismissed and whose permission to appeal without paying filing fees was denied.
What happened
In Coston v. NYS DOCCS, the court had ordered Ashante Coston to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Coston did not file an amended complaint, so the court dismissed the complaint. The court also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Judge Colleen McMahon issued the dismissal order on July 7, 2020. The order does not state whether the dismissal was with or without prejudice.
The detailed version
- Coston v. NYS DOCCS · No. 1:20-cv-00350
- Colleen McMahon
- July 7, 2020
Background
On March 11, 2020, the court ordered Ashante Coston to file an amended complaint within 60 days. The order warned that failing to comply would result in dismissal. The opinion states that Coston had filed the complaint without paying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
Coston did not file an amended complaint. The court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i1), as that provision is printed in the opinion. The court did not discuss the underlying claims.
Judge Colleen McMahon also directed the Clerk of Court to mail the order to Coston and record service on the docket. The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The opinion does not state whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.