Mendez v. Johnson
- Laura Swain
- 1:22-cv-06811
- U.S. District Court · Southern District of New York
- 1
In Mendez v. Johnson, Judge Swain dismissed the complaint after Mendez failed to file the required amended complaint.
Hiram Noel Mendez, whose complaint was dismissed; the named defendants, against whom the action ended; and Mendez's ability to appeal without in forma pauperis status.
What happened
In Mendez v. Johnson, the court had ordered Hiram Noel Mendez to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Mendez did not file an amended complaint. The court dismissed the complaint for failing to state a claim on which relief could be granted and denied fee-free appeal status because any appeal would not be taken in good faith. The clerk was directed to enter judgment.
Chief Judge Laura Taylor Swain issued the dismissal order on December 7, 2022.
The detailed version
- Mendez v. Johnson · No. 1:22-cv-06811
- Laura Swain
- Dec. 7, 2022
Background
On August 22, 2022, the Court directed Plaintiff Hiram Noel Mendez to file an amended complaint within 60 days. The order warned that failing to comply would result in dismissal. Mendez did not file an amended complaint.
Ruling
The Court dismissed the complaint for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed in forma pauperis, meaning under the procedure covered by the statute cited by the Court for screening such complaints.
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied in forma pauperis status for purposes of an appeal. The Clerk of Court was directed to enter judgment in the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.