Allevato v. Mallozzi
- Laura Swain
- 1:22-cv-01768
- U.S. District Court · Southern District of New York
- 1
In Allevato v. Howard, Judge Swain dismissed the complaint after Michael F. Allevato failed to file the required amended complaint.
Michael F. Allevato's complaint was dismissed, and fee-waiver status was denied for purposes of an appeal.
What happened
In Allevato v. Howard, the court had ordered Michael F. Allevato to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Allevato did not file an amended complaint. The court dismissed the complaint under the federal statute governing complaints filed without paying the filing fee, denied fee-free status for any appeal, and directed the clerk to enter judgment.
Chief Judge Laura Taylor Swain issued the order on July 25, 2022. The opinion does not discuss the claims’ merits.
The detailed version
- Allevato v. Mallozzi · No. 1:22-cv-01768
- Laura Swain
- July 25, 2022
Background
By an order dated May 16, 2022, the court directed Michael F. Allevato to file an amended complaint within 60 days. That order stated that the complaint would be dismissed if he did not comply. The opinion does not describe the claims in the complaint.
Ruling
Allevato did not file an amended complaint. The court therefore dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under the court’s fee-waiver procedures.
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 consequently denied fee-waiver status for purposes of an appeal. The clerk was directed to enter judgment in the case.
Classification
This is a procedural order because the court dismissed the complaint based on the failure to file the required amended complaint and did not decide the underlying claims. The order does not state whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.