Mercado v. Kitsos
- Laura Swain
- 1:22-cv-01529
- U.S. District Court · Southern District of New York
- 1
In Mercado v. Kitsos, Judge Swain dismissed the complaint after Mercado missed the amended-complaint deadline and denied him permission to appeal without paying filing fees.
Matthew L. Mercado, whose complaint was dismissed and whose request to appeal without prepaying the filing fee was denied; the named defendants, because the court directed entry of judgment.
What happened
In Mercado v. Kitsos, the court had ordered Matthew L. Mercado to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Mercado did not file an amended complaint. The court therefore dismissed his complaint under the statute governing complaints filed without paying filing fees.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Mercado permission to appeal without paying filing fees. The clerk was directed to enter judgment.
The detailed version
- Mercado v. Kitsos · No. 1:22-cv-01529
- Laura Swain
- Aug. 22, 2022
Background
On May 16, 2022, the court directed Matthew L. Mercado to file an amended complaint within 60 days. The court warned that failure to comply would result in dismissal. Mercado did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not state whether the dismissal was with or without prejudice.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Mercado permission to appeal without prepaying the filing fee. The clerk was directed to issue judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.