Farrow v. Cordez
- Kenneth Karas
- 7:22-cv-05952
- U.S. District Court · Southern District of New York
- 1
Justin Farrow v. C.O. C.A. Jenkins was dismissed after Farrow failed to amend his complaint, according to Judge Swain.
Justin Farrow, whose complaint was dismissed and whose fee-free status for an appeal was denied; any state-law claims he might have asserted were not heard by the federal court.
What happened
In Justin Farrow v. C.O. C.A. Jenkins, the court had ordered Farrow to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal. Farrow did not file the amended complaint.
The court dismissed the complaint under the federal law governing lawsuits filed without paying filing fees. It also declined to decide any state-law claims that Farrow might have asserted.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Farrow v. Cordez · No. 7:22-cv-05952
- Kenneth Karas
- Jan. 18, 2023
Background
The court had previously ordered Plaintiff Justin Farrow to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal. Farrow did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1). The court also declined under 28 U.S.C. § 1367(c)(3) to exercise supplemental jurisdiction—the authority to hear related state-law claims—over any state-law claims Farrow might be asserting.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal and directed the Clerk of Court to enter judgment.
Classification
This is a procedural order because the court dismissed the action under the statute governing complaints filed without prepaying filing fees and did not decide the underlying claims.
Names and judge
The opinion's caption identifies the case as Justin Farrow v. C.O. C.A. Jenkins, et al., and the signed opinion identifies Laura Taylor Swain as the judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.