Ventura v. Jane Doe Officers
- Laura Swain
- 1:21-cv-11132
- U.S. District Court · Southern District of New York
- 2
In Ventura v. AMKC Jane Doe Officers, Judge Swain dismissed Ventura’s complaint as time-barred and denied fee-free appeal status.
David Ventura’s complaint was dismissed, and his permission to appeal without prepaying the filing fee was denied. The opinion does not describe any separate relief affecting the defendant officers.
What happened
In Ventura v. AMKC Jane Doe Officers; AMKC John Doe Officers, the court had ordered David Ventura to explain why his lawsuit should not be dismissed as filed too late.
The court mailed that order to the Anna M. Kross Center, but it was returned after Ventura was discharged. Ventura did not respond, update his address, or otherwise communicate with the court.
Judge Laura Taylor Swain dismissed the complaint for failure to state a claim because it was time-barred. She also denied Ventura permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Ventura v. Jane Doe Officers · No. 1:21-cv-11132
- Laura Swain
- Apr. 12, 2022
Background
David Ventura brought this action against AMKC Jane Doe Officers and AMKC John Doe Officers. The complaint was filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
On February 2, 2022, the court ordered Ventura to show cause—meaning to explain—within 60 days why the action should not be dismissed as time-barred. The court warned that failing to comply would result in dismissal. The order was mailed to Ventura at the Anna M. Kross Center on Rikers Island, but it was returned as undeliverable on February 22, 2022, after Ventura had been discharged. New York City Department of Correction records confirmed that he was no longer in its custody. Ventura did not respond, update his address, or communicate with the court.
Ruling
The court dismissed the complaint for failure to state a claim on which relief may be granted because the action was time-barred. The dismissal was made under 28 U.S.C. § 1915(e)(2)(B)(ii), which requires screening of qualifying complaints filed without prepaying the filing fee.
Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. She therefore denied Ventura permission to appeal without prepaying the appellate filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.