Jeanty v. United Parcel Service
- Laura Swain
- 1:21-cv-08312
- U.S. District Court · Southern District of New York
- 2
In Jeanty v. United Parcel Service, Judge Swain dismissed the complaint for failure to state a claim after Jeanty did not amend it.
Kervin Jeanty, whose complaint against United Parcel Service, Carol B. Tome, and John Doe (1) was dismissed; Jeanty was also denied permission to proceed without paying the filing fee for an appeal.
What happened
In Jeanty v. United Parcel Service, the court had directed Kervin Jeanty to file an amended complaint within 30 days and later extended that deadline.
Jeanty did not file an amended complaint. The court therefore dismissed his complaint 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 Jeanty permission to proceed without paying the filing fee for an appeal.
The detailed version
- Jeanty v. United Parcel Service · No. 1:21-cv-08312
- Laura Swain
- Feb. 22, 2022
Background
The court had previously ordered Kervin Jeanty to file an amended complaint within 30 days. The order warned that failure to comply would result in dismissal. The court later extended the time to file, but Jeanty did not submit an amended complaint.
Jeanty had filed the complaint without paying the filing fee under the federal law allowing qualifying litigants to proceed without prepaying court costs.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted. The opinion does not provide the allegations in the complaint or explain which elements of a claim were missing.
The court also 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 Jeanty permission to proceed without paying the filing fee for an appeal. The clerk was directed to mail Jeanty a copy of the order at his address of record and at the listed jail address.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.