Robinson v. Balanetre
- Philip Halpern
- 7:21-cv-02071
- U.S. District Court · Southern District of New York
- 1
In Robinson v. Balanetre, Judge Halpern dismissed Robinson’s complaint after he missed the amendment deadline and denied permission to appeal without paying filing fees.
The order affected Randolph Robinson’s complaint against Delta Balanetre and Ronda Murray and denied Robinson permission to appeal without paying the filing fee.
What happened
In Robinson v. Balanetre, the court had previously granted the defendants’ motion to dismiss without prejudice and allowed Randolph Robinson to file an amended complaint by May 20, 2022. The court warned that failing to meet the deadline would result in dismissal without further notice.
Robinson did not file an amended complaint by the deadline. The court therefore dismissed the complaint under the statute governing complaints filed without paying filing fees. The current order does not state that this dismissal was with or without prejudice.
Judge Philip M. Halpern also ruled that an appeal would not be taken in good faith and denied Robinson permission to appeal without paying filing fees. The clerk was directed to mail Robinson the order and close the case.
The detailed version
- Robinson v. Balanetre · No. 7:21-cv-02071
- Philip Halpern
- May 27, 2022
Background
On April 20, 2022, the Court issued a memorandum opinion and order granting Defendants’ motion to dismiss without prejudice. That order identified pleading deficiencies and permitted Plaintiff Randolph Robinson to file an amended complaint by May 20, 2022. It also stated that failure to file an amended complaint by that date would result in dismissal without further notice.
Ruling
Robinson had not filed an amended complaint by May 27, 2022. The Court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), which governs screening of complaints filed by a person who proceeds without paying the filing fee. The order does not specify whether this dismissal was with or without prejudice.
The Court 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 Robinson permission to appeal without paying the filing fee. The Clerk of Court was directed to mail Robinson a copy of the order and close the case. Judge Philip M. Halpern signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.