Askins v. Santos
- Laura Swain
- 1:22-cv-00817
- U.S. District Court · Southern District of New York
- 2
In Askins v. Santos, Judge Swain granted Askins’s request to withdraw the action, voluntarily dismissing it and closing the case.
The action brought by Delroy Askins against Marlene Santos and Robert Santos was voluntarily dismissed and closed; Askins was also denied permission to appeal without paying filing fees.
What happened
In Askins v. Santos, Delroy Askins sued Marlene Santos and Robert Santos in federal court. The opinion states that Askins filed the case without a lawyer.
On March 7, 2022, Askins sent the court a letter saying that he wanted to withdraw his complaint. The opinion does not describe the underlying claims.
Judge Swain granted Askins’s request and voluntarily dismissed the action under Federal Rule of Civil Procedure 41(a), closing the case. She also denied Askins permission to proceed without paying filing fees for an appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Askins v. Santos · No. 1:22-cv-00817
- Laura Swain
- Mar. 7, 2022
Background
Delroy Askins filed this action without a lawyer on January 31, 2022, against Marlene Santos and Robert Santos. The opinion does not state what claims Askins brought.
On March 7, 2022, the court received a letter from Askins stating that he wanted to withdraw his complaint.
Ruling
The court granted Askins’s request to withdraw the action. It therefore voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a), the rule governing voluntary dismissals. The order states that the case was closed.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. As a result, it denied Askins permission to appeal without paying filing fees. The Clerk of Court was directed to mail Askins 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.