Ingram-Robinson v. Department of Social Services

Background

Kahari Sha-Mel Ingram-Robinson brought the action without a lawyer against defendants identified in the caption as the Commissioner of the Westchester County Department of Social Service and case workers and supervisors.

On January 10, 2020, the court dismissed the complaint for failure to state a claim on which relief could be granted. The court gave Plaintiff 30 days to file an amended complaint. Instead, on January 17, 2020, Plaintiff filed a notice of appeal.

Appeal

The Second Circuit ordered that the appeal would be dismissed effective May 21, 2020, unless Plaintiff paid the $505 filing fee or filed a motion to proceed without paying the fee. Plaintiff did neither, and the Second Circuit dismissed the appeal on June 15, 2020. The district court received the appellate court’s mandate on July 8, 2020.

Ruling

Because Plaintiff was representing herself, the court granted an additional 30 days to file an amended complaint that complied with the January 10 dismissal order. Plaintiff was required to submit the amended complaint to the court’s Pro Se Intake Unit within 30 days of the order, label it “Amended Complaint,” and include docket number 19-CV-11072 (CM). The court stated that no summons would issue at that time.

If Plaintiff did not file an amended complaint within the allowed period and did not show good cause for the failure, the court would enter a civil judgment consistent with the January 10 dismissal order and direct the Clerk to terminate the matter. The Clerk was directed to mail Plaintiff this order and the January 10 dismissal order and to keep the matter open until a civil judgment was entered.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied Plaintiff permission to appeal without paying the filing fee. This order did not decide the merits of any amended complaint.