Reed v. Massett
- Nelson Roman
- 7:21-cv-08002
- U.S. District Court · Southern District of New York
- 7
In Reed v. Massett, Judge Swain granted Everett Reed leave to amend his complaint, set a 60-day deadline, and denied appeal fee status.
Everett Reed must meet the 60-day deadline if he wants to file an amended complaint. Officer L. Massett remains the named defendant, and the Clerk of Court was directed to mail the order to Reed and record service.
What happened
In Reed v. Massett, Everett Reed asked to file an amended complaint. The court granted that request and provided an amended civil-rights complaint form.
Reed must file the amended complaint within 60 days after the order. The court said no summons would issue yet; if Reed misses the deadline without showing a good reason, the original complaint will remain the operative pleading.
Judge Laura Taylor Swain also found that an appeal would not be taken in good faith and denied Reed permission to appeal without prepaying court fees. The court directed the Clerk to mail the order to Reed and record service on the docket.
The detailed version
- Reed v. Massett · No. 7:21-cv-08002
- Nelson Roman
- Jan. 5, 2022
Background
Everett Reed, the plaintiff, requested permission to file an amended complaint against Officer L. Massett. The opinion does not describe the factual allegations or the legal claims in the original complaint.
Ruling on Amendment
The court granted Reed’s request for leave to amend. It directed him to file an amended complaint within 60 days from the date of the order and attached an amended civil-rights complaint form. The court stated that no summons would issue at that time. If Reed does not comply within the allowed period and cannot show good cause—a legally sufficient reason for the delay—the original complaint will remain the operative pleading, meaning the complaint governing the case.
Appeal-Fee Ruling and Administration
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying court fees for an appeal. The Clerk of Court was directed to mail a copy of the order to Reed and note service on the docket. The order concerns the case’s pleading and appeal-fee procedures; it does not decide the underlying claims’ merits.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.