Gamora v. Borough of Prisons
- Laura Swain
- 1:22-cv-07802
- U.S. District Court · Southern District of New York
- 1
In Gamora v. Borough of Prisons, Judge Swain dismissed the complaint after Joshua Gamora failed to file an amended complaint.
Joshua Gamora's constitutional and Federal Tort Claims Act claims were dismissed. The court also denied fee-free filing status for any appeal and directed entry of judgment.
What happened
In Joshua Gamora v. Borough of Prisons, the court had previously ordered Gamora to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Gamora did not file an amended complaint. The opinion does not describe the underlying facts of his constitutional claim or Federal Tort Claims Act claim.
The court dismissed the complaint: the constitutional claim was dismissed for failure to state a claim, and the Federal Tort Claims Act claim was dismissed for lack of jurisdiction. Chief United States District Judge Laura Taylor Swain also denied fee-free filing status for any appeal and directed the clerk to enter judgment.
The detailed version
- Gamora v. Borough of Prisons · No. 1:22-cv-07802
- Laura Swain
- Dec. 2, 2022
Background
The court had ordered Joshua Gamora to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Gamora did not file an amended complaint.
The complaint had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1). The opinion does not provide the factual allegations underlying the constitutional claim or the claim under the Federal Tort Claims Act.
Ruling
The court dismissed the complaint for two stated reasons:
- The constitutional claim was dismissed for failure to state a claim upon which relief may be granted. - The Federal Tort Claims Act claim was dismissed for lack of jurisdiction, meaning the court concluded it could not hear that claim.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Gamora permission to proceed without paying the filing fee for an appeal. The clerk was directed to enter judgment. Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.