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S.D.N.Y.Procedural orderFiled Nov. 16, 2022

Jones v. City of New York

Judge
Laura Swain
Docket
1:22-cv-07243
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Jones v. City of New York, Chief Judge Swain granted Keisha A. Jones more time to amend her complaint and denied fee-free appeal status.

Who this affects

Keisha A. Jones, who received an extension of time to file an amended complaint; the order also denied her permission to appeal without prepaying filing fees.

What happened

In Jones v. City of New York, Keisha A. Jones, representing herself, asked for more time to file an amended complaint. The court had previously dismissed her complaint for failing to state a claim but allowed her to try again under the Fair Housing Act and a federal civil-rights law.

The court granted her request and set December 5, 2022, as the new deadline for filing the amended complaint. The court said that if she did not meet that deadline, it would enter judgment consistent with the earlier dismissal order.

Chief Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without paying filing fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Jones v. City of New York · No. 1:22-cv-07243
Judge
Laura Swain
Date
Nov. 16, 2022

Background

Keisha A. Jones brought this action without a lawyer. In an earlier order, the court dismissed her complaint for failure to state a claim, meaning the court found that the complaint did not adequately allege a legally valid claim. The court gave Jones 30 days to file a new complaint asserting claims under the Fair Housing Act and 42 U.S.C. § 1983.

On November 14, 2022, Jones asked for an extension of the deadline, requesting until December 5, 2022, to file an amended complaint.

Ruling

The court granted Jones's request for an extension of time. It ordered her to file any amended complaint by December 5, 2022. The court stated that if she failed to comply within the allowed time, it would enter judgment consistent with its earlier dismissal order.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without prepaying filing fees.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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