Sterling v. Human Resources Administration
- Laura Swain
- 1:21-cv-10192
- U.S. District Court · Southern District of New York
- 2
In Sterling v. Human Resources Administration, Judge Swain grants Sterling an extension to amend her complaint but denies fee-free status for an appeal.
Rose Sterling, who was representing herself, received 30 days to file an amended complaint. The court also denied her in forma pauperis status for an appeal.
What happened
In Sterling v. Human Resources Administration (Social Services), Rose Sterling is representing herself. The court had previously given her 60 days to file an amended complaint.
Sterling asked for more time in a March 31, 2022 letter. The court granted her request and ordered her to file an amended complaint within 30 days of the order.
Judge Laura Taylor Swain also ruled that Sterling could not appeal this order without paying the required fees because the appeal would not be taken in good faith. The court warned that failing to file the amended complaint on time, without a valid reason, would lead to dismissal for failure to state a claim.
The detailed version
- Sterling v. Human Resources Administration · No. 1:21-cv-10192
- Laura Swain
- Apr. 5, 2022
Background
Rose Sterling brought this action without a lawyer. In an earlier order dated February 2, 2022, the court gave her 60 days to submit an amended complaint. On March 31, 2022, the court received Sterling's letter asking for an extension.
Court's action
The court granted Sterling's request for an extension. It directed her to file an amended complaint within 30 days of the April 5, 2022 order. The court stated that if she did not meet that deadline and could not show good cause—a legally sufficient reason—for the delay, the action would be dismissed for failure to state a claim upon which relief may be granted.
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. It therefore denied in forma pauperis status for an appeal, meaning Sterling could not proceed with an appeal without paying the required filing fees.
Disposition
Judge Laura Taylor Swain granted Sterling's request for an extension to file an amended complaint and directed her to file it within 30 days. The court also denied in forma pauperis status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.