Cofield v. The Plaza
- Laura Swain
- 1:22-cv-06584
- U.S. District Court · Southern District of New York
- 1
In Cofield v. The Plaza, Judge Swain dismissed Cofield’s complaint after he failed to file the required amended complaint.
Rickey Cofield’s complaint was dismissed after he did not file the required amended complaint. The court also denied him permission to appeal without prepaying the filing fee.
What happened
In Cofield v. The Plaza, the court had ordered Rickey Cofield to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Cofield did not file an amended complaint. The opinion does not describe the claims in the original complaint or explain what changes the earlier order required.
The court dismissed the complaint and directed the Clerk of Court to enter judgment. Judge Swain also ruled that an appeal would not be taken in good faith and denied Cofield permission to appeal without paying filing fees.
The detailed version
- Cofield v. The Plaza · No. 1:22-cv-06584
- Laura Swain
- Dec. 13, 2022
Background
On September 26, 2022, the Court ordered Rickey Cofield to file an amended complaint within 60 days. The order stated that the complaint would be dismissed if he did not comply. Cofield did not file an amended complaint.
The complaint had been filed without prepaying the filing fee under the federal law governing people who cannot afford that fee.
Ruling
The Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not state what claims the complaint raised or provide additional explanation of the basis for the earlier order requiring an amended complaint.
The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying the filing fee. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.