Maoz v. Aple Shop
- Laura Swain
- 1:22-cv-02039
- U.S. District Court · Southern District of New York
- 1
In Maoz v. Aple Shop, Chief Judge Swain dismissed the complaint for failure to state a claim and denied fee-waiver status for an appeal.
Oded Maoz's complaint was dismissed, and his permission to appeal without prepaying fees was denied. Aple Shop was the named defendant.
What happened
In Maoz v. Aple Shop, the court had ordered Oded Maoz to file an amended complaint within 60 days and warned that failing to do so would result in dismissal. The order could not be delivered because the address Maoz provided was insufficient, and the opinion says he had not updated his address.
The court dismissed the complaint for failure to state a claim under the federal law governing lawsuits filed without prepaying fees. It also ruled that any appeal would not be taken in good faith and denied Maoz permission to appeal without prepaying fees.
Chief United States District Judge Laura Taylor Swain issued and signed the dismissal order on June 27, 2022.
The detailed version
- Maoz v. Aple Shop · No. 1:22-cv-02039
- Laura Swain
- June 27, 2022
Background
The court had previously ordered Plaintiff Oded Maoz to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal. The Clerk of Court later received notice that the order could not be delivered because the address Maoz provided was insufficient. The opinion states that, as of the filing of this action, Maoz had not contacted the court to update his address.
Ruling
The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not describe the underlying claim or explain its substance.
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. It therefore denied permission to appeal without prepaying fees. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.