Wing v. Myers
- Philip Halpern
- 7:18-cv-11056
- U.S. District Court · Southern District of New York
- 1
In Wing v. Myers, Judge Halpern granted defendants’ summary-judgment motion, denied fee-free appeal status, and closed the case.
The plaintiff and the defendants; the plaintiff was also denied permission to appeal without paying filing fees, and the case was closed.
What happened
Wing v. Myers is a case brought by Wing against Correction Officer Myers and other defendants. The judgment does not describe the claims or the events underlying the lawsuit.
The court granted the defendants’ motion for summary judgment. Summary judgment is a decision made without a trial when the court determines the case should be resolved based on the materials submitted.
Judge Halpern’s judgment also denied Wing permission to appeal without paying filing fees, stating that an appeal would not be taken in good faith, and closed the case.
The detailed version
- Wing v. Myers · No. 7:18-cv-11056
- Philip Halpern
- Feb. 18, 2022
Background
The judgment identifies Dusty Alanson... Wing as the plaintiff and Correction Officer Myers and other defendants. The supplied text does not explain the claims, the underlying events, or the parties’ arguments. It states that the court’s reasons were provided in a separate Memorandum Opinion and Order dated February 18, 2022, which was not supplied here.
Ruling
The court granted the defendants’ motion for summary judgment. Summary judgment resolves a case without a trial when the court determines, based on the submitted materials, that the moving party is entitled to judgment. The judgment does not state the specific legal or factual grounds for granting the motion.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the Memorandum Opinion and Order would not be taken in good faith. It therefore denied the plaintiff permission to appeal without paying filing fees. The judgment states that the case is closed. Judge Halpern is identified in the supplied case information; the judgment itself is signed by the court clerk.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.