Ann v. Wiviott
- Laura Swain
- 1:21-cv-09210
- U.S. District Court · Southern District of New York
- 2
In Ann v. Wiviott, Judge Swain dismissed the action after Ann failed to file an amended complaint and denied fee-free appeal status.
Vivian Hill Ann and the defendants listed in the caption: Susan Wiviott, Bridge Inc., The Bridge Inc., Queens Kendra Sheriffs, and NYC Mental Health and Hygiene.
What happened
In Ann v. Wiviott, the court had given Vivian Hill Ann 60 days to file an amended complaint after an order dated November 19, 2021.
Ann did not file an amended complaint. The court therefore dismissed the action for failure to state a claim on which relief could be granted.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Ann permission to appeal without paying fees. The clerk was directed to mail Ann the order.
The detailed version
- Ann v. Wiviott · No. 1:21-cv-09210
- Laura Swain
- Feb. 22, 2022
Background
On November 19, 2021, the court gave Plaintiff 60 days to file an amended complaint. The court's earlier order warned that failure to do so would result in dismissal for failure to state a claim on which relief could be granted. Plaintiff did not file an amended complaint.
Ruling
The court dismissed the action for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). This is a threshold ruling that the pleading did not provide a claim for which the court could grant relief; the opinion does not address the underlying claims on their merits. The court did not specify that the dismissal was with or without prejudice.
Appeal and Service
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied fee-waiver status for an appeal. The clerk was directed to mail a copy of the order to Plaintiff and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.