El Dey v. Board of Correction
- Laura Swain
- 1:22-cv-02600
- U.S. District Court · Southern District of New York
- 2
In El Dey v. Correction Commissioner, Judge Swain dismissed claims after no amended complaint was filed and denied immediate injunctive relief as moot.
The order affected Abdullah Spencer Nimham El Dey and the remaining defendants: the New York City Correction Commissioner, NYC Health + Hospitals, and the City of New York. It dismissed the remaining claims and denied El Dey's request for immediate injunctive relief.
What happened
In El Dey v. Correction Commissioner, Abdullah Spencer Nimham El Dey was allowed to amend certain claims after an earlier order dismissed the rest. The court gave him 60 days to file an amended complaint and warned that failing to do so without a good reason could lead to dismissal.
El Dey did not file an amended complaint and did not explain why. The court dismissed his remaining claims against the Correction Commissioner, NYC Health + Hospitals, and the City of New York for failing to state a legally sufficient claim. It also denied his request for immediate injunctive relief because the request was no longer a live issue.
Judge Swain directed the Clerk of Court to enter judgment dismissing the action. She also denied El Dey permission to appeal without paying fees after certifying that an appeal would not be taken in good faith.
The detailed version
- El Dey v. Board of Correction · No. 1:22-cv-02600
- Laura Swain
- Oct. 3, 2022
Background
Abdullah Spencer Nimham El Dey appeared without a lawyer. In an order dated June 22, 2022, the court dismissed all of his claims except claims under the Resource Conservation and Recovery Act and 42 U.S.C. § 1983 against the New York City Correction Commissioner, the New York City Health & Hospitals Corporation, and the City of New York. The court gave him 60 days to file an amended complaint addressing the claims that remained. It also postponed ruling on his request for immediate injunctive relief until he filed a compliant amended complaint.
The earlier order warned that if El Dey did not file an amended complaint within the deadline and could not show good cause for the failure, the court would dismiss the remaining claims for failure to state a claim and deny the request for immediate injunctive relief as moot, meaning no longer presenting a live issue.
Ruling
The court found that El Dey had not filed an amended complaint and had not shown good cause for failing to do so. It therefore dismissed his remaining claims against the New York City Correction Commissioner, NYC Health + Hospitals, and the City of New York for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The court denied his request for immediate injunctive relief as moot.
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 appeal without paying the required fees. The Clerk of Court was directed to issue judgment dismissing the action based on the June 22 order and this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.