Vasquez v. City of New York
- Laura Swain
- 1:21-cv-09555
- U.S. District Court · Southern District of New York
- 1
In Vasquez v. City of New York, Chief Judge Swain dismissed the action after Vasquez failed to file the required amended complaint.
Jose Manuel Vasquez's action against the City of New York, the New York City Department of Homeless Services, the New York City Human Resources Administration, and the New York City Police Department; any appeal would also be affected by the denial of fee-free status.
What happened
In Vasquez v. City of New York, the court had ordered Jose Manuel Vasquez to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Vasquez did not file an amended complaint. The opinion does not describe the claims or explain what the amended complaint was required to address.
Chief Judge Laura Taylor Swain dismissed the action under the federal statute governing cases filed without prepaying filing fees. She also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal. The Clerk of Court was directed to enter judgment.
The detailed version
- Vasquez v. City of New York · No. 1:21-cv-09555
- Laura Swain
- Sept. 28, 2022
Background
By an order dated July 18, 2022, the court directed Jose Manuel Vasquez to file an amended complaint within 60 days. That order stated that failing to comply would result in dismissal.
What happened
Vasquez did not file an amended complaint. The opinion does not identify the allegations in the original complaint or state what changes the court required.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the action under 28 U.S.C. § 1915(e)(2)(B)(ii). The case had been filed under the federal statute allowing a qualifying litigant to proceed without prepaying filing fees. 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, and denied that fee-free status for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.