Batiste v. The City of New York
- Gregory Woods
- 1:22-cv-09772
- U.S. District Court · Southern District of New York
- 2
In Batiste v. City of New York, Judge Woods granted in part an extension to amend the complaint, setting January 24, 2023, and denied fee-free appeal status.
Darryl L. Batiste received until January 24, 2023, to submit an amended complaint and was denied permission to appeal this order without paying filing fees. The order does not determine The City of New York’s liability.
What happened
In Batiste v. The City of New York, Darryl L. Batiste asked for 45 more days to file an amended complaint. He said holiday delays made it difficult to obtain information from people and City agencies.
The court had previously set January 9, 2023, as the deadline for amending the complaint to add facts supporting a disability-discrimination claim under the Fair Housing Amendments Act. The court granted in part Batiste’s request and extended the deadline to January 24, 2023.
Judge Gregory H. Woods also ruled that an appeal from this order would not be taken in good faith and denied Batiste permission to appeal without paying filing fees. The Clerk was directed to mail Batiste a copy of the order.
The detailed version
- Batiste v. The City of New York · No. 1:22-cv-09772
- Gregory Woods
- Jan. 10, 2023
Background
Darryl L. Batiste asked the court for a 45-day extension of the January 9, 2023 deadline to submit an amended complaint to the court’s Pro Se Intake Unit. He explained that he had been unable to obtain needed information from people and various City agencies because of the Thanksgiving, Christmas, and New Year’s Day holidays.
The court’s November 23, 2022 order had given Batiste 45 days to amend his original complaint with facts suggesting a plausible claim under the Fair Housing Amendments Act. The court described the proposed amended complaint as needing additional facts to state a valid disability-discrimination claim under that law.
Ruling
The court granted in part Batiste’s request for an extension. It extended the deadline for submitting the amended complaint to January 24, 2023. The order states that this gave Batiste approximately two months from the November 23 order to file the amended complaint. The opinion does not decide whether Batiste ultimately stated a valid claim or whether The City of New York violated the law.
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 paying filing fees. The Clerk of Court was directed to mail Batiste a copy of the order.
Classification
This is a procedural order because it addresses additional time to amend a complaint and permission to appeal without paying filing fees, rather than deciding the underlying disability-discrimination claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.