Kellier v. Acosta
- Colleen McMahon
- 1:20-cv-01058
- U.S. District Court · Southern District of New York
- 1
In Kellier v. Acosta, Judge McMahon dismissed the complaint after Joshua Kellier failed to file the required amended complaint.
Joshua Kellier’s complaint was dismissed because he did not file the required amended complaint. The court also denied him permission to appeal without paying the filing fee.
What happened
In Kellier v. Acosta, the court had ordered Joshua Kellier to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Kellier did not file an amended complaint. The court therefore dismissed his complaint, which had been filed without paying the filing fee.
Chief Judge Colleen McMahon also denied Kellier permission to appeal without paying the filing fee, finding that an appeal would not be taken in good faith. The order does not decide the underlying claims.
The detailed version
- Kellier v. Acosta · No. 1:20-cv-01058
- Colleen McMahon
- July 7, 2020
Background
On March 23, 2020, the court directed Joshua Kellier to file an amended complaint within 60 days. The court expressly warned that failure to comply would result in dismissal. Kellier did not file an amended complaint.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i1), as that citation appears in the opinion. The order does not address the merits of Kellier’s underlying claims.
Appeal and Service
The Clerk of Court was directed to mail Kellier a copy of the order and record service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.