Farrow v. New York State Department of Corrections and Community Supervision
- Laura Swain
- 1:22-cv-07248
- U.S. District Court · Southern District of New York
- 2
In Farrow v. New York State Department of Corrections, Chief Judge Swain terminated the pending matters without prejudice after transfer.
Justin Farrow and the defendants in this action; the order terminated the pending motion and other matters in this court after transfer to the Northern District of New York.
What happened
In Farrow v. New York State Department of Corrections and Community Supervision, Justin Farrow asked for a preliminary injunction. The request had initially been filed in a related case.
The court had directed the Clerk to refile the request in this action because the action was being transferred to the Northern District of New York. After the transfer, the court directed the Clerk to terminate the preliminary-injunction motion and all other pending matters without prejudice.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free appeal status for that purpose. The court did not decide the merits of the requested injunction.
The detailed version
- Farrow v. New York State Department of Corrections and Community Supervision · No. 1:22-cv-07248
- Laura Swain
- Sept. 14, 2022
Background
On September 2, 2022, Justin Farrow filed a motion for a preliminary injunction and a supporting declaration in a prior related proceeding. The court then directed the Clerk of Court to refile the motion in this action, which was being transferred to the United States District Court for the Northern District of New York, so that the transferee court could consider it.
Ruling
Because the action and the motion had been transferred to the Northern District of New York, Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to terminate the motion for a preliminary injunction, identified as ECF 3, and all other pending matters in the action without prejudice. The order did not decide whether Farrow was entitled to preliminary injunctive relief.
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 fee-free appeal status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.