Mercer v. Westchester Medical Center
- Laura Swain
- 1:22-cv-07134
- U.S. District Court · Southern District of New York
- 1
In Mercer v. Westchester Medical Center, Judge Swain granted Mercer’s voluntary dismissal without prejudice under Rule 41(a).
Robert Mercer’s action against Westchester Medical Center was dismissed without prejudice, and permission to appeal without paying filing fees was denied.
What happened
In Mercer v. Westchester Medical Center, Robert Mercer asked the court to dismiss the action, stating that the complaint did not have enough statutory strength to win the case.
The court treated Mercer’s filing, titled a motion to dismiss for lack of statutory standing, as a request to voluntarily dismiss the case under Rule 41(a) of the Federal Rules of Civil Procedure.
Judge Laura Taylor Swain granted the request and dismissed the action without prejudice. She also ended all other pending matters, closed the case, and denied permission to appeal without paying filing fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Mercer v. Westchester Medical Center · No. 1:22-cv-07134
- Laura Swain
- Jan. 25, 2023
Background
Robert Mercer sued Westchester Medical Center. The opinion does not describe the underlying claims.
Request for dismissal
On December 16, 2022, the court received Mercer’s filing titled “Motion to dismiss for lack of statutory standing.” Mercer asked the court to dismiss the action for lack of statutory standing and stated that the complaint “does not have the statutory strength to win this case.”
Court’s ruling
The court construed Mercer’s filing as a motion for voluntary dismissal under Rule 41(a) of the Federal Rules of Civil Procedure. The court granted the request and dismissed the action without prejudice. It terminated all other pending matters and closed the case.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. As a result, it denied permission to appeal without paying the required filing fees.
Disposition
The action was voluntarily dismissed without prejudice under Rule 41(a).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.