Houston v. Capra
- Vincent Briccetti
- 7:20-cv-02135
- U.S. District Court · Southern District of New York
- 1
In Houston v. Capra, Judge Briccetti granted Houston leave to amend and denied the pending dismissal motion without prejudice.
Houston must file an amended complaint by February 19, 2021. The defendants’ response deadline, if any, had not yet been set.
What happened
Houston v. Capra concerns Houston’s request to file an amended complaint. The opinion says Houston was representing himself and had permission to proceed without paying filing fees.
The court granted Houston’s request and ordered him to file the amended complaint by February 19, 2021. The court also denied the pending motion to dismiss without prejudice and terminated that motion.
Judge Briccetti said the court would later decide whether to issue an amended service order or set a deadline for the defendants to respond. The Clerk was directed to mail Houston a copy of the order.
The detailed version
- Houston v. Capra · No. 7:20-cv-02135
- Vincent Briccetti
- Jan. 19, 2021
Background
On January 15, 2021, the court received Houston’s letter requesting permission to file an amended complaint. The opinion states that Houston was proceeding without a lawyer and without paying filing fees.
Ruling
The court granted Houston’s request for leave to amend. It ordered him to file the amended complaint by February 19, 2021. The court also denied the pending motion to dismiss without prejudice and instructed the Clerk to terminate that motion.
Next steps
The court stated that, after Houston files the amended complaint, it may issue an amended order directing service or set a deadline for the defendants to respond. The Clerk was directed to mail Houston a copy of the order at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.