Labossiere v. Downstate Correctional Facility
- Laura Swain
- 1:21-cv-10540
- U.S. District Court · Southern District of New York
- 1
In Labossiere v. Downstate Correctional Facility, Judge Swain dismissed the complaint after Labossiere failed to amend it as ordered.
Wilfred Labossiere's complaint was dismissed. The defendants named in the case were Downstate Correctional Facility, C.O. Akinwunmi, and C.O. A. Jones. Labossiere was also denied permission to appeal without paying the filing fee.
What happened
In Labossiere v. Downstate Correctional Facility, the court had ordered Wilfred Labossiere to file an amended complaint within 60 days.
Labossiere did not file an amended complaint by the deadline. The opinion does not describe the claims or explain why the original complaint failed to state a legally sufficient claim.
Judge Laura Taylor Swain dismissed the complaint under the statute governing screening of complaints filed without paying the filing fee. She also denied Labossiere permission to appeal without paying the filing fee, certifying that an appeal would not be taken in good faith.
The detailed version
- Labossiere v. Downstate Correctional Facility · No. 1:21-cv-10540
- Laura Swain
- May 6, 2022
Background
Wilfred Labossiere sued Downstate Correctional Facility, C.O. Akinwunmi, and C.O. A. Jones. The court had allowed him to file without paying the filing fee under 28 U.S.C. § 1915(a)(1). In an order dated February 7, 2022, the court directed Labossiere to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Ruling
Labossiere did not file an amended complaint. The court therefore dismissed the complaint for failure to state a claim on which relief could be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This was a screening dismissal; the opinion does not provide a merits analysis of the underlying claims.
Appeal-Filing-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the filing fee for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.