Gray v. Commissioner of Social Security
- Laura Swain
- 1:21-cv-09427
- U.S. District Court · Southern District of New York
- 1
In Gray v. Commissioner, Judge Swain dismissed the complaint after Gray failed to file the required amended complaint.
Tijuana N. Gray's complaint was dismissed, and fee-waiver status was denied for any appeal from the order.
What happened
Tijuana N. Gray sued the Commissioner of Social Security. The court had previously ordered Gray to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Gray did not file an amended complaint. The opinion states that the original complaint had been filed without paying the filing fee under a federal fee-waiver provision.
The court dismissed the complaint under the federal statute governing screening of fee-waiver cases. Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Gray v. Commissioner of Social Security · No. 1:21-cv-09427
- Laura Swain
- Feb. 18, 2022
Background
The court had directed Tijuana N. Gray, by an order dated November 29, 2021, to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal. Gray 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 prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not state that the dismissal was with or without prejudice.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to mail Gray 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.