Herbert v. Ginty
- Philip Halpern
- 7:20-cv-06348
- U.S. District Court · Southern District of New York
- 1
In Herbert v. Ginty, Judge Stanton ordered Jeremiah F. Herbert to file an amended complaint rather than supplementing it with letters.
Jeremiah F. Herbert must file one amended complaint containing all of his claims against all parties; the complaint will replace his original complaint.
What happened
In Herbert v. Ginty, Jeremiah F. Herbert had been directed to file an amended complaint within sixty days of an August 14, 2020 order. He instead sent letters providing additional information about his claims.
The court said he could not supplement his complaint by letter. It directed him to submit one amended complaint containing all claims against all parties. That amended complaint would replace the original complaint.
Judge Louis L. Stanton ordered the amended complaint to be filed within sixty days of the August 14 order. He also directed the Clerk of Court to mail Herbert a copy of the order and record service on the docket.
The detailed version
- Herbert v. Ginty · No. 7:20-cv-06348
- Philip Halpern
- Sept. 3, 2020
Background
On August 14, 2020, the court directed Jeremiah F. Herbert to file an amended complaint within sixty days. Herbert later submitted letters providing additional information about his claims.
Order
The court ruled that Herbert could not supplement his complaint by letter. It directed him to file an amended complaint complying with the August 14 order and to include all claims against all parties in that document. The court stated that the amended complaint would completely replace the original complaint and should be filed within sixty days of the August 14 order.
The order cited a Second Circuit decision explaining that, under the mailbox rule, filings by people representing themselves who are incarcerated are considered filed when delivered to prison officials for mailing. The Clerk of Court was directed to mail Herbert a copy of the order and note service on the docket.
Disposition
Judge Louis L. Stanton entered the order directing Herbert to file the amended complaint as specified. The opinion does not rule on the merits of Herbert's claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.