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S.D.N.Y.Procedural orderFiled Dec. 22, 2022

Mortimer v. Grodsky

Judge
Lewis Liman
Docket
1:22-cv-06926
Court
U.S. District Court · Southern District of New York
Pages
1
Motion to DismissCivil Procedure
In one sentence

In Mortimer v. Grodsky, Judge Liman’s court dismissed the complaint for failure to state a claim and denied fee-free appeal status.

Who this affects

The plaintiff's complaint was dismissed, the plaintiff was denied permission to appeal without paying filing fees, and the case was closed. The defendants were affected by the closure of the action.

What happened

In Mortimer v. Grodsky, the court entered judgment after earlier orders dismissed the complaint for failure to state a claim for relief. The judgment states that no amended complaint had been filed.

The court also certified that any appeal would not be taken in good faith because it would not involve a nonfrivolous issue. It therefore denied the plaintiff permission to appeal without paying filing fees.

The case was closed. Judge Liman is identified as the judge in the supplied case information; the judgment itself is signed by the clerk of court.

The detailed version

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

Case
Mortimer v. Grodsky · No. 1:22-cv-06926
Judge
Lewis Liman
Date
Dec. 22, 2022

Background

The judgment states that, in orders dated September 6, 2022, and December 21, 2022, the court dismissed the complaint for failure to state a claim on which relief may be granted. It also states that no amended complaint was filed.

Rulings

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the dismissal would not be taken in good faith. This certification means the court found that an appeal would not present a nonfrivolous issue. The court therefore denied the plaintiff permission to appeal without paying the appellate filing fees. The case was closed.

Document and judge information

The supplied case information identifies Lewis Liman as the judge. The judgment itself is dated December 22, 2022, and is signed by the clerk of court and a deputy clerk; it does not identify Judge Liman in the judgment text.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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