Washington v. Fitzpatrick
- Vincent Briccetti
- 7:20-cv-00911
- U.S. District Court · Southern District of New York
- 2
In Washington v. Fitzpatrick, Judge Briccetti dismissed the case with prejudice after Charles E. Washington failed to amend his complaint or seek more time.
Charles E. Washington’s case against Correction Officer T. Fitzpatrick, Correction Officer Sain Clair, Sergeant Sheridan, Lieutenant Jordan, and Colonel Sipple was dismissed with prejudice; permission to appeal without paying the filing fee was denied.
What happened
In Washington v. Fitzpatrick, the court had previously granted the defendants’ motion to dismiss and allowed Charles E. Washington to file an amended complaint by May 17, 2021. The court warned that failing to file or request more time could lead to dismissal.
Washington did not file an amended complaint or request an extension. The court also found no indication that he had not received the earlier order and concluded that he had abandoned the case.
Judge Vincent Briccetti’s court dismissed the case with prejudice for failing to pursue it and comply with court orders. The court also denied permission to appeal without paying the filing fee, finding that any appeal would not be taken in good faith.
The detailed version
- Washington v. Fitzpatrick · No. 7:20-cv-00911
- Vincent Briccetti
- June 4, 2021
Background
On March 15, 2021, the court granted the defendants’ motion to dismiss and gave Charles E. Washington permission to file an amended complaint by May 17, 2021. The court warned in bold and underlined language that if Washington did not file an amended complaint or request additional time, it would treat the case as abandoned, enter judgment for the defendants, and close the case.
What the Court Decided
Washington did not file an amended complaint and did not request an extension. The opinion states that an inmate lookup continued to show him incarcerated at Shawangunk Correctional Facility. The court had not received returned mail or any other indication that Washington had not received the March 15 order and attachments. Based on these circumstances, the court concluded that Washington had abandoned the case.
The court dismissed the case with prejudice for failure to prosecute, meaning failure to pursue the case, and failure to comply with court orders. It relied on Federal Rule of Civil Procedure 41(b), which allows dismissal on those grounds. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
Effect of the Judgment
The case against Correction Officer T. Fitzpatrick, Correction Officer Sain Clair, Sergeant Sheridan, Lieutenant Jordan, and Colonel Sipple was dismissed with prejudice. The judgment also denied Washington permission to proceed without paying the filing fee for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.