Youngs v. Orange County Sherrifs Organization
- Nelson Roman
- 7:22-cv-04918
- U.S. District Court · Southern District of New York
- 1
In Youngs v. Orange County Sherrifs Organization, Chief Judge Swain dismissed the complaint after Youngs failed to file the required amended complaint.
Robert M. Youngs's complaint was dismissed, and judgment was ordered entered in the action. His permission to appeal without paying the filing fee was also denied.
What happened
In Youngs v. Orange County Sherrifs Organization, the court had ordered Robert M. Youngs to file an amended complaint within 60 days.
Youngs did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing complaints filed without paying the filing fee.
Chief Judge Laura Taylor Swain directed the Clerk of Court to enter judgment and denied Youngs permission to appeal without paying the filing fee, certifying that an appeal would not be taken in good faith.
The detailed version
- Youngs v. Orange County Sherrifs Organization · No. 7:22-cv-04918
- Nelson Roman
- Nov. 15, 2022
Background
Robert M. Youngs sued Orange County Sherrifs Organization, Carl Dubois, and Orange County. The complaint was filed without paying the filing fee under 28 U.S.C. § 1915(a)(1). On September 2, 2022, the court ordered Youngs to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Ruling
Youngs 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 state that the court reached the merits of Youngs's claims.
Other Orders
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. The court therefore denied permission to appeal without paying the filing fee and directed the Clerk of Court to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.