Smith v. Combs
- Colleen McMahon
- 1:20-cv-10524
- U.S. District Court · Southern District of New York
- 1
In Smith v. Combs, Judge McMahon dismissed Smith’s withdrawn complaint without prejudice and denied permission to appeal without paying filing fees.
Ahlwana Marie Smith and the defendants named in the action. The complaint was dismissed without prejudice, and the case was closed.
What happened
In Smith v. Combs, Ahlwana Marie Smith told the court that she wanted to withdraw her complaint and file it again later.
The court granted her request under Rule 41(a) of the Federal Rules of Civil Procedure. It closed the case and directed the Clerk of Court to send Smith a copy of the order.
Chief Judge Colleen McMahon dismissed the complaint without prejudice, meaning the order did not bar Smith from filing it again. Judge McMahon also denied permission to appeal without paying filing fees, finding that any appeal would not be taken in good faith.
The detailed version
- Smith v. Combs · No. 1:20-cv-10524
- Colleen McMahon
- Dec. 17, 2020
Background
On December 15, 2020, the court received a letter from Ahlwana Marie Smith stating that she wanted to withdraw her complaint and refile it at another time. The opinion does not describe the claims in the complaint.
Court’s action
The court granted Smith’s request to withdraw the action under Rule 41(a) of the Federal Rules of Civil Procedure. It voluntarily dismissed the complaint without prejudice. The court directed the Clerk of Court to send Smith a copy of the order and close the action.
Appeal ruling
Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied Smith permission to appeal without paying filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.