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S.D.N.Y.Procedural orderFiled July 21, 2020

Caldwell v. Sutton

Judge
Valerie Caproni
Docket
1:19-cv-05236
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Caldwell v. Sutton, Judge Caproni granted the motion to dismiss, dismissed the case with prejudice, and denied fee-free status for an appeal.

Who this affects

Boisy Caldwell, whose case was dismissed with prejudice and whose fee-free status for an appeal was denied, and Elinor Sutton, who was the defendant.

What happened

Caldwell v. Sutton concerns a case brought by Boisy Caldwell against Elinor Sutton. The provided judgment does not describe the underlying claims or the parties’ arguments.

The judgment says the court relied on a July 20, 2020 Memorandum Opinion and Order. It granted the motion to dismiss and dismissed the case with prejudice, meaning the case was closed and the same case could not be brought again.

Judge Valerie Caproni’s judgment also states that an appeal would not be taken in good faith and denies Caldwell fee-free status for purposes of an appeal. The case was closed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Caldwell v. Sutton · No. 1:19-cv-05236
Judge
Valerie Caproni
Date
July 21, 2020

Background

The judgment identifies Boisy Caldwell as the plaintiff and Elinor Sutton as the defendant. It does not state the underlying claims, the facts, or the arguments on the motion to dismiss. It refers to a Memorandum Opinion and Order dated July 20, 2020, but that document was not provided.

Ruling

The court granted the motion to dismiss. It dismissed the case with prejudice, which means the dismissal bars refiling the same case. The judgment also states that an appeal would not be taken in good faith and denies fee-free status for purposes of an appeal under 28 U.S.C. § 1915(a)(3). The case was closed.

Effect

The judgment ends the case against Elinor Sutton and does not permit Boisy Caldwell to refile the same case. The provided judgment does not explain the legal basis for dismissal or address the underlying merits.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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