McAvoy v. Franco
- Vincent Briccetti
- 7:20-cv-08345
- U.S. District Court · Southern District of New York
- 1
In McAvoy v. Franco, Judge Briccetti dismissed the settled case without costs, preserving a deadline to restore it.
The dismissal affected Matthew Joseph McAvoy and Correction Officer Franco. The parties could seek to restore the action by March 18, 2022, and any pending motions, deadlines, conferences, and appearances were canceled.
What happened
In McAvoy v. Franco, the court was told that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.
The court dismissed the action without costs and without prejudice to restoring it to the court’s calendar. Any request to restore the case had to be filed by March 18, 2022; later requests could be denied as untimely. The court canceled all other deadlines, conferences, and appearances, and ruled that any pending motions were moot.
Judge Vincent L. Briccetti ordered the clerk to close the case. He also found that an appeal would not be taken in good faith and denied permission to proceed without paying the appeal filing fees.
The detailed version
- McAvoy v. Franco · No. 7:20-cv-08345
- Vincent Briccetti
- Feb. 16, 2022
Background
The court stated that it had been advised that the parties had reached a settlement in principle. The opinion does not identify the underlying claims or provide the settlement’s terms.
Ruling
The court ordered that the action be dismissed without costs and without prejudice to the parties’ right to restore the action to the court’s calendar. A request to restore the action had to be filed no later than March 18, 2022. The court warned that a request filed after that date could be denied solely because it was untimely.
The court canceled all other deadlines, scheduled conferences, and scheduled court appearances. It ruled that any pending motions were moot. The clerk was instructed to close the case.
The court also 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 permission to proceed without paying the required fees for an appeal. Judge Vincent L. Briccetti signed the order on February 16, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.