Purvey v. Allied Universal
- Laura Swain
- 1:21-cv-09764
- U.S. District Court · Southern District of New York
- 1
In Purvey v. Allied Universal, Judge Swain dismissed the complaint after Purvey failed to file a required amended complaint.
Imari Taaron Purvey’s complaint was dismissed, and the court declined to hear any related state-law claims. Purvey was also denied permission to appeal without paying the filing fee.
What happened
In Purvey v. Allied Universal, the court had ordered Imari Taaron Purvey to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Purvey did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without paying the filing fee, under the federal statute governing screening of such complaints. The court also declined to hear any related state-law claims.
Judge Laura Taylor Swain directed the Clerk to mail the order to Purvey and stated that an appeal would not be taken in good faith, so Purvey could not proceed without paying the appeal filing fee.
The detailed version
- Purvey v. Allied Universal · No. 1:21-cv-09764
- Laura Swain
- Feb. 1, 2022
Background
On November 29, 2021, the court ordered Plaintiff Imari Taaron Purvey to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal. Purvey 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 the statute allowing a person who meets the requirements to proceed without that payment. The court also 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.
The Clerk of Court was directed to mail the order to Purvey and record service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for an appeal.
Scope of the Decision
The opinion does not describe the underlying claims or decide their merits. It disposes of the case based on Purvey’s failure to file the required amended complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.