Mamonet v. T.L.R. Bronx Psychiatric Center
- Colleen McMahon
- 1:21-cv-02366
- U.S. District Court · Southern District of New York
- 1
In Mamonet v. T.L.R. Bronx Psychiatric Cetner, Judge McMahon dismissed the complaint after Mamonet failed to file an amended complaint.
Dwayne Mamonet's complaint against T.L.R. Bronx Psychiatric Cetner was dismissed because he did not file the required amended complaint; the order also denied fee-waiver status for an appeal.
What happened
In Mamonet v. T.L.R. Bronx Psychiatric Cetner, the court had ordered Dwayne Mamonet to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Mamonet did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without prepaying the filing fee under the federal statute cited in the order.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal. The Clerk was directed to mail Mamonet a copy of the order and record service on the docket.
The detailed version
- Mamonet v. T.L.R. Bronx Psychiatric Center · No. 1:21-cv-02366
- Colleen McMahon
- June 16, 2021
Background
On April 1, 2021, the court directed Dwayne Mamonet to file an amended complaint within 60 days. The court's earlier order stated that failure to comply would result in dismissal. The opinion states that Mamonet did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(a1). The complaint had been filed under the statute allowing a litigant to proceed without prepaying the filing fee. The opinion does not describe the underlying claims or decide their merits.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Mamonet permission to proceed without prepaying the filing fee for an appeal. The Clerk of Court was directed to mail Mamonet a copy of the order and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.