Terry v. Carter
- Gregory Woods
- 1:21-cv-08995
- U.S. District Court · Southern District of New York
- 2
In Terry v. Carter, Judge Woods ordered judgment for the defendants after Terry did not respond about whether the prison grievance process was unavailable.
The order affected Kevin Terry and the defendants by directing entry of judgment for the defendants and closure of the case; it also denied Terry permission to proceed without paying appeal fees.
What happened
In Terry v. Carter, the court had previously ruled that Kevin Terry failed to complete the required prison grievance process under the Prison Litigation Reform Act. The court gave Terry an opportunity to explain whether that process was unavailable to him.
The court required Terry to submit a letter by February 3, 2023. The order states that Terry had not submitted the letter by February 6.
Judge Woods directed the Clerk of Court to enter judgment for the defendants and close the case. The court also ruled that an appeal would not be taken in good faith and denied Terry permission to proceed without paying fees for an appeal.
The detailed version
- Terry v. Carter · No. 1:21-cv-08995
- Gregory Woods
- Feb. 6, 2023
Background
The court stated that it had issued an earlier opinion on January 17, 2023. In that opinion, the court held that Kevin Terry had not exhausted the administrative remedies required by the Prison Litigation Reform Act. In plain terms, the court found that Terry had not completed the prison grievance process before pursuing this case.
The earlier opinion gave Terry an opportunity to submit a letter addressing whether the prison grievance system was unavailable to him. The court set February 3, 2023, as the deadline and stated that it would dismiss the action if Terry did not submit the letter. This order states that Terry had not filed the letter.
Ruling
The court directed the Clerk of Court to enter judgment for the defendants and close the case. The order does not use the terms "with prejudice" or "without prejudice."
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 proceed without paying the required fees for an appeal. The Clerk was directed to mail Terry a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.