Reed v. Massett
- Nelson Roman
- 7:21-cv-08002
- U.S. District Court · Southern District of New York
- 2
In Reed v. Massett, Judge Swain granted Reed more time to amend his complaint and denied fee-free appeal status.
Everett Reed, who received additional time to file an amended complaint but was denied permission to appeal this order without paying the required fees.
What happened
Reed v. Massett concerns Everett Reed’s request for more time to amend his complaint. The court had ordered him to file an amended complaint, and Reed wrote that hospitalization delayed his receipt of that order.
The court treated Reed’s letter as a request for an extension and granted it. Reed must file an amended complaint within 60 days of this order. If he does not, and cannot show a good reason for the delay, the complaint will be dismissed.
Judge Laura Taylor Swain also found that an appeal would not be taken in good faith and denied Reed permission to appeal without paying the required fees. The clerk was directed to mail Reed a copy of the order.
The detailed version
- Reed v. Massett · No. 7:21-cv-08002
- Nelson Roman
- Feb. 8, 2022
Background
On January 5, 2022, the court directed Everett Reed to file an amended complaint within 60 days. On January 24, 2022, the court received Reed’s letter stating that he had been hospitalized and did not receive the earlier order until January 19, 2022.
Ruling on the Extension Request
The court construed Reed’s letter as a request for an extension of time and granted the request. The court directed Reed to file an amended complaint within 60 days from February 8, 2022. The court stated that if Reed failed to comply within that period and could not show good cause—an adequate reason excusing the failure—the complaint would be dismissed.
Appeal-Fee Status and Service
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees. The clerk was directed to mail Reed a copy of the order and record service on the docket.
Disposition
The request for an extension of time was granted. The order did not dismiss the complaint at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.