Morris v. Trump

Background

Keith S. Morris filed the complaint without a lawyer. He asserted claims concerning two subjects: the New York City Department of Consumer Affairs’ 2017 failure to renew his license to act as a towing operator, and problems involving his unemployment insurance and Social Security benefits.

In an earlier order, the court concluded, among other things, that many federal defendants were immune from suit, that Morris’s claims under 42 U.S.C. § 1983 appeared to be time-barred, and that Morris had not alleged facts showing that he had exhausted required administrative remedies for any request to review the denial of Social Security benefits. The court allowed Morris to amend his complaint within 60 days. When he did not file an amended complaint, the court dismissed the action on August 3, 2021.

At Morris’s request, the court reopened the matter on February 9, 2022, and again directed him to file an amended complaint within 60 days. Before that deadline expired, Morris left a telephone voicemail in the judge’s chambers stating that computer-hacking problems prevented him from filing the amended complaint.

Court’s Order

The court extended the time for Morris to amend his complaint by 30 days from April 4, 2022. If Morris chose to file an amended complaint, the court required him to submit it to the Pro Se Intake Unit within that period, caption it “Amended Complaint,” and include docket number 21-CV-4445 (LTS). The court stated that no summons would issue at that time.

The court explained that communications with the court generally must be in writing and submitted to the Pro Se Intake Unit. It said it would not consider future requests made by telephone instead of in writing. It also stated that Morris could complete the amended-complaint form by hand and mail it if he could not complete it digitally. The order mentioned the New York Legal Assistance Group as a possible source of drafting assistance and attached an informational flyer.

The court warned that if Morris failed to comply within the allowed time, the complaint would be dismissed in its entirety for failure to state a claim upon which relief may be granted. The court also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying appellate fees.

Disposition and Classification

The court extended the amendment deadline for 30 days. This was a procedural order concerning the filing of an amended complaint; it did not decide the underlying claims on their merits. The order was entered by Chief United States District Judge Laura Taylor Swain.