Forrest v. Warden Renee
- Barbara Moses
- 1:21-cv-10152
- U.S. District Court · Southern District of New York
- 1
Forrest v. Department of Correction: Judge Moses addressed a pro se letter supplementing the complaint and set a deadline for defendants’ reply to their dismissal motion.
Trevor Forrest and the defendants, including the Department of Correction and G.R.V.C., were affected by the court’s treatment of the letter and the deadline for a reply.
What happened
In Trevor Forrest v. Department of Correction, Forrest sent a letter that appeared partly intended to add allegations to his complaint in response to the defendants’ pending motion to dismiss.
The court explained that it may consider factual allegations in a self-represented plaintiff’s opposition papers when they are consistent with the complaint. The opinion does not decide the motion to dismiss.
Judge Barbara Moses directed the defendants to file any reply supporting their motion by July 28, 2022.
The detailed version
- Forrest v. Warden Renee · No. 1:21-cv-10152
- Barbara Moses
- July 14, 2022
Background
Trevor Forrest, who was representing himself, sent a letter dated June 20, 2022, that the court received on July 12, 2022. The court noted that part of the letter appeared intended to supplement, or add allegations to, his complaint in response to the defendants’ pending motion to dismiss.
Court’s Action
The court stated that it may, in its discretion, consider factual allegations made in a self-represented plaintiff’s opposition papers as supplementing the complaint, at least when those allegations are consistent with the complaint. The court did not rule on the motion to dismiss in this order. It directed the defendants to file any reply supporting that motion no later than July 28, 2022.
Disposition
Judge Barbara Moses entered an order addressing the possible supplemental allegations and setting a deadline for the defendants’ reply. The opinion does not state that the motion to dismiss was granted or denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.