Sterling v. Human Resources Administration

Background

Rose Sterling brought the action without a lawyer. On February 2, 2022, the court gave her 60 days to file an amended complaint. On April 5, 2022, the court granted her an additional 30 days. On May 4, 2022, the court received another request for an extension. Sterling asserted that delays in her ongoing administrative proceedings had affected her ability to file the amended complaint.

The court’s earlier order directed Sterling to provide facts suggesting that she had standing—the legal ability to bring the claims—on behalf of her son Bob Sterling’s estate. It also directed her to provide facts indicating a viable due process claim, including facts about whether state procedures were unavailable or inadequate to challenge the alleged termination of Bob Sterling’s Medicaid benefits.

Ruling

The court granted Sterling’s request for another extension of time to file an amended complaint. It directed her to file the amended complaint within 30 days of May 4, 2022. The court stated that no further extensions would be granted. It warned that if Sterling failed to comply and could not show good cause for the failure, 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 an appeal from the order would not be taken in good faith and denied fee-free appeal status for that appeal. The order did not decide whether Sterling’s underlying claims were legally valid.