Jeanty v. Blue Rhino
- Laura Swain
- 1:21-cv-08326
- U.S. District Court · Southern District of New York
- 1
In Jeanty v. Blue Rhino, Judge Swain dismissed the complaint after Jeanty failed to file an amended complaint as ordered.
Kervin Jeanty's complaint was dismissed, any state-law claims he may have asserted were not heard, and fee-free status was denied for an appeal.
What happened
In Jeanty v. Blue Rhino, the court had ordered Kervin Jeanty to file an amended complaint within 60 days and later extended that deadline.
Jeanty did not file an amended complaint. The opinion does not describe the underlying claims.
Judge Laura Taylor Swain dismissed the complaint under the federal statute governing screening of complaints filed without paying court fees. The court declined to hear any state-law claims and denied fee-free status for an appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Jeanty v. Blue Rhino · No. 1:21-cv-08326
- Laura Swain
- Jan. 19, 2022
Background
On October 18, 2021, the court ordered Kervin Jeanty to file an amended complaint within 60 days and stated that failing to do so would result in dismissal. The court later extended the filing deadline. Jeanty did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not describe the claims or explain the underlying facts beyond the failure to file the required amended complaint.
The court declined under 28 U.S.C. § 1367(c)(3) to exercise supplemental jurisdiction, meaning authority to hear related state-law claims, over any state-law claims Jeanty might have been asserting.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to mail Jeanty a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.