Calderon v. Community Presentation Corporation
- Laura Swain
- 1:22-cv-07806
- U.S. District Court · Southern District of New York
- 1
In Calderon v. Community Presentation Corporation, Judge Swain dismissed the complaint after Ana Calderon failed to file the required amended complaint.
Ana Calderon’s complaint was dismissed, and her fee-free status was denied for purposes of an appeal. Community Presentation Corporation was the defendant named in the case.
What happened
In Calderon v. Community Presentation Corporation, the court had ordered Ana Calderon to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.
Calderon did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing complaints filed without paying filing fees.
Judge Swain also ruled that an appeal would not be taken in good faith and denied Calderon’s fee-free status for an appeal. The clerk was directed to enter judgment.
The detailed version
- Calderon v. Community Presentation Corporation · No. 1:22-cv-07806
- Laura Swain
- Jan. 19, 2023
Background
On November 7, 2022, the court ordered Ana Calderon to file an amended complaint within 60 days. The order stated that the case would be dismissed if she did not comply. Calderon did not file an amended complaint.
Rulings
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
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 fee-free status for purposes of an appeal. The clerk was directed to enter judgment in the case.
Effect of the Order
The opinion does not decide the underlying claims. It dismisses the complaint because Calderon did not file the required amended complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.