Jayne v. Petrucci
- Colleen McMahon
- 1:20-cv-06067
- U.S. District Court · Southern District of New York
- 1
In Jayne v. Petrucci, Judge McMahon granted Jayne’s withdrawal request and denied fee-free appeal status.
The complaint brought by MA JAYNE against JOHN PETRUCCI and the other respondents was voluntarily dismissed at Plaintiff’s request. Any appeal would not receive permission to proceed without paying fees.
What happened
In Jayne v. Petrucci, Jayne told the court by letter that he wanted to withdraw his complaint before paying the filing fee.
The court treated the request as a voluntary withdrawal under Rule 41(a) of the Federal Rules of Civil Procedure.
Judge Colleen McMahon granted the request and voluntarily dismissed the complaint. She also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Jayne v. Petrucci · No. 1:20-cv-06067
- Colleen McMahon
- Aug. 12, 2020
Background
On August 11, 2020, the court received a letter from Plaintiff stating that he wished to withdraw his complaint before paying the filing fee.
Ruling
The court granted Plaintiff’s request to withdraw the action under Rule 41(a) of the Federal Rules of Civil Procedure. It stated that the complaint was voluntarily dismissed under that rule. The Clerk of Court was directed to mail the order to Plaintiff and record service on the docket.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.