Calderon v. Commissioner of Social Security
- Laura Swain
- 1:22-cv-05282
- U.S. District Court · Southern District of New York
- 1
In Calderon v. Commissioner, Judge Swain dismissed the action without prejudice because Calderon had not exhausted administrative remedies.
The ruling dismissed Jason Calderon's current action without prejudice. It allows him to file a new action after exhausting his administrative remedies, but denies permission to proceed without prepaying fees for an appeal.
What happened
In Calderon v. Commissioner of Social Security, the court had ordered Jason Calderon to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal. Calderon did not file an amended complaint.
The court dismissed the action without prejudice for failure to exhaust administrative remedies. This means Calderon may file a new action after completing that administrative process.
Judge Laura Taylor Swain also denied Calderon permission to proceed without paying fees on appeal, certifying that an appeal would not be taken in good faith. The clerk was directed to enter judgment.
The detailed version
- Calderon v. Commissioner of Social Security · No. 1:22-cv-05282
- Laura Swain
- Oct. 5, 2022
Background
The court had previously ordered Jason Calderon to file an amended complaint within 60 days. That order warned that the action would be dismissed if he did not comply. Calderon did not file an amended complaint.
The action had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion states that dismissal was based on Calderon's failure to exhaust his administrative remedies.
Ruling
The court dismissed the action without prejudice. The order states that Calderon may file a new action after exhausting his administrative remedies.
The court also 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 prepaying fees for an appeal. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.