Chance v. Selip & Stylianou, LLP
- Laura Swain
- 1:22-cv-03314
- U.S. District Court · Southern District of New York
- 1
In Chance v. Selip & Stylianou, LLP, Judge Swain dismissed the complaint after Chance failed to file the required amended complaint.
Plaintiff Tyvaris S. Chance, whose complaint was dismissed and whose permission to appeal without paying the required fees was denied.
What happened
In Chance v. Selip & Stylianou, LLP, the court had ordered Plaintiff Tyvaris S. Chance to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Chance did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing review of complaints filed without paying filing fees.
Judge Laura Taylor Swain directed that judgment be entered. She also ruled that an appeal would not be taken in good faith and denied Chance permission to appeal without paying the required fees.
The detailed version
- Chance v. Selip & Stylianou, LLP · No. 1:22-cv-03314
- Laura Swain
- July 19, 2022
Background
On May 16, 2022, the court ordered Plaintiff Tyvaris S. Chance to file an amended complaint within 60 days. The order stated that failing to comply would result in dismissal. Chance did not file an amended complaint.
The complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1). The court dismissed it under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not describe the underlying claims or explain the basis for the statutory dismissal beyond Chance's failure to file the required amended complaint.
Ruling
The court dismissed the complaint and ordered that judgment be entered. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. As a result, the court denied permission to appeal without paying the required fees. 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.