Traore v. Rikers Island C95, and C76 Medical Staff
- Laura Swain
- 1:22-cv-01432
- U.S. District Court · Southern District of New York
- 1
In Abdoulaye Traore v. Correctional Officers, Judge Swain dismissed the complaint after Traore failed to file the required amended complaint.
Abdoulaye Traore's complaint was dismissed, and the court denied fee-waiver status for an appeal. The opinion does not describe any ruling on the underlying claims.
What happened
In Abdoulaye Traore v. Correctional Officers, the court had ordered Traore to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Traore did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing complaints filed without paying the filing fee.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Traore fee-waiver status for an appeal. The clerk was directed to enter judgment.
The detailed version
- Traore v. Rikers Island C95, and C76 Medical Staff · No. 1:22-cv-01432
- Laura Swain
- Aug. 22, 2022
Background
The court had previously ordered Plaintiff Abdoulaye Traore to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal. The opinion states that Traore did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The order does not explain the underlying claims or decide their merits.
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied fee-waiver status for purposes of an appeal and directed the clerk to issue judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.