Jeanty v. Bottini Fuel Oil
- Laura Swain
- 1:21-cv-08316
- U.S. District Court · Southern District of New York
- 1
In Jeanty v. Bottini Fuel Oil, Judge Swain dismissed the complaint after Jeanty failed to file the required amended complaint.
Kervin Jeanty’s complaint was dismissed because he did not file the required amended complaint. His permission to appeal without paying the filing fee was also denied.
What happened
Kervin Jeanty sued Bottini Fuel Oil and other defendants in Jeanty v. Bottini Fuel Oil. The court had ordered Jeanty to file an amended complaint within 60 days.
The court later gave Jeanty an additional 30 days to amend. Jeanty did not file an amended complaint, even though the earlier order warned that failing to do so would result in dismissal.
Judge Laura Taylor Swain dismissed the complaint under the federal statute governing lawsuits filed without paying court fees. She also denied Jeanty permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jeanty v. Bottini Fuel Oil · No. 1:21-cv-08316
- Laura Swain
- Mar. 18, 2022
Background
The court had previously ordered Plaintiff Kervin Jeanty to file an amended complaint within 60 days. That order warned that failing to comply would result in dismissal. On January 18, the court granted Jeanty an additional 30 days to file the amended complaint. Jeanty did not file one.
The complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1), a procedure commonly called proceeding without payment of court fees.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not state that the dismissal was with or without prejudice.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied permission to appeal without paying the filing fee. The Clerk of Court was directed to mail Jeanty a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.