Jones v. City of New York
- Laura Swain
- 1:22-cv-07243
- U.S. District Court · Southern District of New York
- 2
In Jones v. City of New York, Judge Swain extended Jones’s amendment deadline to December 15, 2022, and denied fee-free status for an appeal.
Keisha A. Jones, who was given until December 15, 2022, to file an amended complaint and was denied permission to proceed without paying fees for an appeal.
What happened
In Jones v. City of New York, Keisha A. Jones sued the City of New York and other defendants without a lawyer. The court had previously dismissed her complaint for failing to state a claim but allowed her 30 days to file an amended complaint raising claims under the Fair Housing Act and a federal civil-rights law. The court later extended the deadline to December 5, 2022.
Jones asked for another extension because she had been sick. The court granted that request and required her to file any amended complaint by December 15, 2022. The court stated that if she did not meet that deadline, it would enter judgment consistent with its earlier dismissal order.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied Jones permission to proceed without paying court fees for an appeal. The order itself did not decide the merits of any amended claims.
The detailed version
- Jones v. City of New York · No. 1:22-cv-07243
- Laura Swain
- Dec. 9, 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 plead a legally sufficient claim. The court gave Jones 30 days to replead claims under the Fair Housing Act and 42 U.S.C. § 1983. The court later granted her request to extend the amendment deadline to December 5, 2022.
On December 7, 2022, Jones asked for another extension, stating that she had been sick and requesting until December 15, 2022, to file an amended complaint.
Ruling
The court granted Jones’s request for an extension of time to file an amended complaint. It required her to submit the amended complaint by December 15, 2022. The court stated that failure to comply within the allowed time would result in entry of judgment consistent with the earlier order dismissing the complaint.
Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The court therefore denied permission to proceed without paying the required fees for an appeal. This order did not decide the merits of any amended claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.