Sacchetti v. Westchester DOC
- Laura Swain
- 1:22-cv-04508
- U.S. District Court · Southern District of New York
- 2
In Sacchetti v. Westchester DOC, Judge Swain dismissed the complaint after Sacchetti failed to file an ordered amendment or update his address.
Tobia Sacchetti’s complaint against Westchester DOC and Westchester County Jail; the order also denied fee-free appeal status.
What happened
In Sacchetti v. Westchester DOC, the court had ordered Tobia Sacchetti to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
The order was returned as undeliverable because Sacchetti was no longer held at that facility. He did not file the required amendment, notify the court of a new mailing address, or contact the court further.
Judge Laura Taylor Swain dismissed the complaint for failure to state a claim. She also denied Sacchetti permission to proceed without paying the filing fee on appeal, after certifying that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Sacchetti v. Westchester DOC · No. 1:22-cv-04508
- Laura Swain
- Jan. 6, 2023
Background
On October 11, 2022, the court directed Tobia Sacchetti to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. On November 16, 2022, the order was returned to the court as undeliverable, with a notation that Sacchetti was no longer held at that facility.
Court’s ruling
The court stated that Sacchetti had not complied with the order, had not notified the court of a change in mailing address, and had not made further contact with the court. It dismissed the complaint, which had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1), for failure to state a claim upon which relief may be granted.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without prepaying the filing fee for an appeal and directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.