Traore v. NYC Department of Corrections
- Laura Swain
- 1:22-cv-01430
- U.S. District Court · Southern District of New York
- 1
In Traore v. NYC Department of Corrections, Judge Swain dismissed the complaint after Traore failed to amend it and denied appeal fee-free status.
Abdoulaye Traore’s complaint was dismissed, and his fee-free filing status was denied for purposes of an appeal. The NYC Department of Corrections and the medical staff at Rikers Island were the defendants named in the case.
What happened
In Traore v. NYC Department of Corrections, the court had ordered Abdoulaye Traore to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Traore did not file an amended complaint. The court therefore dismissed the complaint for failing to state a claim on which relief could be granted. The opinion says the complaint had been filed without paying the filing fee under a law allowing this in qualifying cases.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Traore that fee-free status for an appeal.
The detailed version
- Traore v. NYC Department of Corrections · No. 1:22-cv-01430
- Laura Swain
- June 6, 2022
Background
Abdoulaye Traore sued the NYC Department of Corrections and the medical staff at Rikers Island. The court had previously ordered Traore to file an amended complaint within 60 days and expressly warned that failure to comply would result in dismissal.
Court’s Action
Traore did not file an amended complaint. The court dismissed the complaint for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This statute allows the court to screen a complaint filed without paying the filing fee and dismiss it when it does not state a legally sufficient claim.
Appeal Filing Status
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 fee-free filing status for an appeal. Judge Laura Taylor Swain signed the order of dismissal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.