Simmons v. City of Mount Vernon
- Vincent Briccetti
- 7:19-cv-10388
- U.S. District Court · Southern District of New York
- 1
In Simmons v. City of Mount Vernon, Judge Briccetti extended Terri Simmons’s deadline to oppose dismissal and denied fee-waiver status for an appeal.
Terri Simmons, who was given more time to oppose the defendants’ motion to dismiss but was denied fee-waiver status for an appeal from this order.
What happened
In Simmons v. City of Mount Vernon, the defendants moved to dismiss Terri Simmons’s amended complaint. Simmons was representing herself and had received permission to proceed without paying court fees.
Simmons’s deadline to respond was April 5, 2021, but she had not filed a response by the date of the order. The court gave her until May 10, 2021, to oppose the motion.
Judge Vincent L. Briccetti ordered that the dismissal motion would be treated as fully submitted and unopposed if Simmons did not respond by May 10. The judge also denied fee-waiver status for any appeal from this order. This order did not decide the defendants’ motion to dismiss.
The detailed version
- Simmons v. City of Mount Vernon · No. 7:19-cv-10388
- Vincent Briccetti
- Apr. 12, 2021
Background
The defendants moved to dismiss Terri Simmons’s amended complaint on March 22, 2021. Simmons was proceeding without a lawyer and without paying court fees. Her deadline to oppose the motion was April 5, 2021, but she had not filed an opposition by the time of this order.
Order
The court extended Simmons’s deadline to oppose the motion to dismiss until May 10, 2021. The court stated that, if Simmons did not respond by that date, the motion would be treated as fully submitted and unopposed and would be decided later. If Simmons filed an opposition, the defendants’ reply, if any, would be due May 17, 2021.
Appeal Status and Effect
The court certified that an appeal from this order would not be taken in good faith and denied Simmons permission to proceed without paying fees for purposes of an appeal. The order did not decide the merits of the defendants’ motion to dismiss or dismiss the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.