Galvez v. Westchester County
- Vincent Briccetti
- 7:19-cv-03630
- U.S. District Court · Southern District of New York
- 1
In Galvez v. Westchester County, Judge Briccetti entered judgment for defendants after Galvez failed to amend his complaint or request more time.
Kenlee Galvez’s case was closed, and judgment was entered in favor of Westchester County, Correct Care Solutions, LLC, Wellpath Medical Services, Raul Ulloa, and Alexis Gendell, M.D.
What happened
In Galvez v. Westchester County, the court had dismissed all of Kenlee Galvez’s claims but allowed him to file an amended complaint limited to his Fourteenth Amendment claims about inadequate medical care. The court set a deadline of July 27, 2020, and warned that failing to act could lead to judgment for the defendants.
Galvez did not file an amended complaint or ask for more time. The court therefore directed the Clerk to enter judgment in favor of Westchester County, Correct Care Solutions, LLC, Wellpath Medical Services, Raul Ulloa, and Alexis Gendell, M.D., and to close the case.
Judge Vincent L. Briccetti also ruled that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fees.
The detailed version
- Galvez v. Westchester County · No. 7:19-cv-03630
- Vincent Briccetti
- Aug. 18, 2020
Background
On May 26, 2020, the court granted the defendants’ motion to dismiss. It allowed Kenlee Galvez to file an amended complaint asserting Fourteenth Amendment claims alleging deliberate indifference to his medical needs. The court ordered Galvez either to file the amended complaint or request additional time by July 27, 2020. It warned that failing to do so would be treated as abandoning the case and could result in judgment for the defendants and closure of the case.
Court’s Action
Galvez did not file an amended complaint or request an extension. Because the court had already dismissed all of his claims, it directed the Clerk to enter judgment in favor of Westchester County, Correct Care Solutions, LLC, Wellpath Medical Services, Raul Ulloa, and Alexis Gendell, M.D. The Clerk was also directed to close the case.
Appeal Filing Fees
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees.
Disposition
The court directed entry of judgment for the defendants and closure of the case. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.