Jones v. New York City
- Laura Swain
- 1:22-cv-04205
- U.S. District Court · Southern District of New York
- 1
In Jones v. New York City, Judge Swain dismissed the complaint after Jones failed to file the required amended complaint.
Jonathan A. Jones's complaint was dismissed after he did not file the required amended complaint. The court also denied him permission to appeal without paying the filing fee.
What happened
In Jones v. New York City, the court had ordered Jonathan A. Jones to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Jones did not file an amended complaint. The court therefore dismissed his complaint under the federal law governing lawsuits filed without paying filing fees.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Jones permission to proceed without paying the appeal fee. The court ordered that judgment be entered.
The detailed version
- Jones v. New York City · No. 1:22-cv-04205
- Laura Swain
- Oct. 3, 2022
Background
On July 11, 2022, the court directed Plaintiff Jonathan A. Jones to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. The opinion states that Jones had filed the complaint without paying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
Jones did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not explain the claims in the complaint or the reasons the court had required an amended complaint.
Appeal and disposition
The court 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 permission to proceed without paying the filing fee for an appeal. The court ordered that judgment issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.