Bonifacio v. United States of America
- Alison Nathan
- 1:16-cv-08379
- U.S. District Court · Southern District of New York
- 1
In Bonifacio v. United States, Judge Nathan granted the Government’s dismissal motion, barred another amendment, denied fee-free appeal status, and closed the case.
Hector Bonifacio’s claims were dismissed with prejudice, and he was denied permission to appeal without paying filing fees. The Government obtained dismissal of the case.
What happened
In Bonifacio v. United States of America, the Government asked the court to dismiss Hector Bonifacio’s claims. The judgment says Bonifacio had already filed three complaints, including two amended complaints, but still had not stated a claim.
The court declined to let Bonifacio file a fourth amended complaint because it found no indication that another amendment would succeed. It therefore granted the Government’s motion to dismiss and dismissed the case with prejudice.
Judge Nathan’s court also found that any appeal would not be taken in good faith, denied Bonifacio status to appeal without paying filing fees, and closed the case.
The detailed version
- Bonifacio v. United States of America · No. 1:16-cv-08379
- Alison Nathan
- Sept. 29, 2020
Background
Hector Bonifacio sued the United States of America and other defendants. The judgment states that Bonifacio was proceeding without a lawyer and had filed three complaints in total, including two amended complaints. According to the judgment, he had not yet stated a claim that could proceed.
Ruling
The court granted the Government’s motion to dismiss. Although courts generally give a self-represented plaintiff at least one opportunity to amend when the complaint might state a valid claim, the court declined to allow Bonifacio to file a fourth amended complaint. It concluded that the record did not indicate another amendment would be successful. The dismissal was therefore with prejudice, meaning the case could not be refiled in that form.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It denied Bonifacio permission to pursue an appeal without paying the required fees, and the case was closed. The judgment states that these rulings were based on the court’s order dated September 28, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.