Perry v. Maloney
- Laura Swain
- 1:21-cv-08039
- U.S. District Court · Southern District of New York
- 1
In Perry v. Maloney, Judge Swain dismissed Perry’s petition without prejudice after he failed to file an amended petition.
Ronald Perry’s petition was dismissed without prejudice after he failed to file the required amended petition. ADW Maloney and Warden Morales were the named respondents. Perry was also denied permission to proceed without paying filing fees for an appeal.
What happened
In Perry v. Maloney, the court had ordered Ronald Perry to file an amended petition within 60 days and warned that failing to do so would result in dismissal.
Perry did not file an amended petition. The court dismissed his petition without prejudice, meaning the dismissal did not bar refiling.
Chief Judge Laura Taylor Swain also denied Perry permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to issue judgment.
The detailed version
- Perry v. Maloney · No. 1:21-cv-08039
- Laura Swain
- Sept. 28, 2022
Background
On April 13, 2022, the court ordered Ronald Perry to file an amended petition within 60 days. The order warned that failing to comply would result in dismissal. Perry did not file an amended petition.
Ruling
The court dismissed the petition without prejudice. The opinion states that the petition had been filed without payment of filing fees under 28 U.S.C. § 1915(a)(1). Because the dismissal was without prejudice, it did not bar refiling.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal. The Clerk of Court was directed to issue judgment. The order does not decide the underlying legal merits of the petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.