Ali v. Medical Dept. at Green Haven Correctional
- Laura Swain
- 1:22-cv-01586
- U.S. District Court · Southern District of New York
- 2
In Ali v. Medical Dept., Judge Swain granted Ali’s withdrawal request, voluntarily dismissed the case, and denied fee-free status for any appeal.
The order closed Clifford Ali’s case after granting his request to withdraw it. It also denied him permission to appeal without paying filing fees.
What happened
In Ali v. Medical Dept. at Green Haven Correctional Facility, Clifford Ali filed the case without a lawyer while incarcerated at Green Haven Correctional Facility. The opinion does not describe the claims.
On March 4, 2022, the court received Ali’s letter asking to withdraw the case. The court granted that request and dismissed the action under Rule 41(a), the federal rule allowing a plaintiff to voluntarily dismiss a case.
Judge Laura Taylor Swain closed the case. She also ruled that any appeal would not be taken in good faith and denied Ali permission to appeal without paying filing fees.
The detailed version
- Ali v. Medical Dept. at Green Haven Correctional · No. 1:22-cv-01586
- Laura Swain
- Mar. 4, 2022
Background
Clifford Ali, who was incarcerated at Green Haven Correctional Facility, filed this action without a lawyer on February 25, 2022. The opinion does not state the substance of his claims. The defendants were the Medical Department at Green Haven Correctional Facility; Commissioner Anthony J. Annucci of the Department of Corrections and Community Supervision; Superintendent Miller; Green Haven Facility; and Correction Officers B. Roadarmel and S. Medina.
Ali’s Request to Withdraw
On March 4, 2022, the court received a letter from Ali asking to withdraw the action. The court granted his request. Under Rule 41(a) of the Federal Rules of Civil Procedure, the action was voluntarily dismissed.
Disposition
Judge Laura Taylor Swain ordered that the action be voluntarily dismissed and that the case be closed. 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. As a result, the court denied Ali permission to proceed without paying filing fees for an appeal. The clerk was directed to mail Ali a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.