Surpris v. Montefiore Mount Vernon Hospital
- Laura Swain
- 1:21-cv-07654
- U.S. District Court · Southern District of New York
- 1
In Surpris v. Montefiore Mount Vernon Hospital, Judge Swain dismissed the complaint after Surpris failed to file the required amended complaint.
Kwame Surpris, whose complaint was dismissed and whose fee-free status for an appeal was denied.
What happened
In Surpris v. Montefiore Mount Vernon Hospital, the court had ordered Kwame Surpris to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Surpris did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing cases filed without prepaying court fees.
Judge Laura Taylor Swain also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith. The clerk was directed to mail the order to Surpris and record that service.
The detailed version
- Surpris v. Montefiore Mount Vernon Hospital · No. 1:21-cv-07654
- Laura Swain
- Mar. 16, 2022
Background
Kwame Surpris filed the complaint without prepaying court fees under 28 U.S.C. § 1915(a)(1). In an order dated December 7, 2021, the court directed him to file an amended complaint within 60 days and stated that failure to comply would result in dismissal.
Ruling
Surpris did not file an amended complaint. The court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not describe the underlying claims or explain the specific deficiencies in the original complaint.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to mail a copy of the order to Surpris and note service on the docket.
Disposition
The complaint was dismissed. The court also denied fee-free status for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.