Robinson v. City of Yonkers Police Department
- Andrew Krause
- 7:22-cv-03333
- U.S. District Court · Southern District of New York
- 1
Robinson v. City of Yonkers Police Department: Judge Swain dismissed the complaint after Robinson failed to file an amended complaint.
Quamaine Dawson Robinson's complaint was dismissed after the required amended complaint was not filed; the court also denied permission to appeal without paying the filing fee.
What happened
In Robinson v. City of Yonkers Police Department, the court had ordered Quamaine Dawson Robinson to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Robinson did not file an amended complaint. The court dismissed the complaint under the federal statute governing complaints filed without paying the filing fee and ordered that judgment be entered. It also denied Robinson permission to appeal without paying the fee, finding that an appeal would not be taken in good faith.
Judge Laura Taylor Swain signed the order on July 19, 2022.
The detailed version
- Robinson v. City of Yonkers Police Department · No. 7:22-cv-03333
- Andrew Krause
- July 19, 2022
Background
On May 16, 2022, the court ordered Plaintiff to file an amended complaint within 60 days. The order expressly stated that failure to comply would result in dismissal. The opinion states that the complaint had been filed without payment of the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
Plaintiff did not file an amended complaint. The court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), a provision governing dismissal of certain complaints filed without payment of the filing fee. The court ordered that judgment be entered.
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 Plaintiff permission to appeal without paying the filing fee. The opinion does not address the merits of the underlying claims.
Effect
The complaint was dismissed, and the court denied fee-free appellate status. The order does not state whether Plaintiff may file another complaint or otherwise describe the effect of the dismissal on any future filing.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.