Homer v. Doe
- Laura Swain
- 1:22-cv-02033
- U.S. District Court · Southern District of New York
- 1
In Homer v. Doe, Judge Swain dismissed the complaint for failure to state a claim after Homer did not amend it, and denied fee-free appeal status.
Michael Homer’s complaint was dismissed, and he was denied permission to appeal without paying the filing fee.
What happened
In Homer v. Doe, Michael Homer’s complaint against John or Jane Doe, M.D., and the Superintendent of Downstate Correctional Facility was dismissed.
The court had ordered Homer to file an amended complaint within 60 days and warned that failing to do so would result in dismissal. Homer did not file an amended complaint.
Judge Swain dismissed the complaint for failure to state a claim, under the statute governing complaints filed without paying the filing fee. She also denied Homer permission to appeal without paying that fee, finding that an appeal would not be taken in good faith.
The detailed version
- Homer v. Doe · No. 1:22-cv-02033
- Laura Swain
- July 11, 2022
Background
Michael Homer sued John or Jane Doe, M.D., and the Superintendent of Downstate Correctional Facility. The opinion states that Homer filed the complaint without paying the filing fee. On April 4, 2022, the court ordered him to file an amended complaint within 60 days and stated that the complaint would be dismissed if he did not comply.
Ruling
Homer did not file an amended complaint. The court therefore dismissed the complaint for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This was a screening dismissal under the statute governing complaints filed without paying the filing fee, rather than a decision on the underlying allegations.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It denied Homer permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.