Sullivan v. City of New York
- Laura Swain
- 1:22-cv-08438
- U.S. District Court · Southern District of New York
- 1
In Sullivan v. City of New York, Judge Swain dismissed the complaint after Sullivan failed to file the required amended complaint.
The dismissal ended Dante Malik Sullivan's action against the City of New York and the other named defendants; the court also denied fee-free appeal status.
What happened
Dante Malik Sullivan brought this case against the City of New York and other defendants. The opinion provides no further description of his claims.
The court had ordered Sullivan to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal for failure to state a claim.
Because Sullivan did not file an amended complaint, Judge Laura Taylor Swain dismissed the complaint for failure to state a claim and directed the clerk to enter judgment. She also certified that an appeal would not be taken in good faith and denied permission to proceed without paying the filing fees for an appeal.
The detailed version
- Sullivan v. City of New York · No. 1:22-cv-08438
- Laura Swain
- Feb. 8, 2023
Background
The opinion identifies Dante Malik Sullivan as the plaintiff and the City of New York and other entities or persons as defendants. It does not describe the claims in the complaint.
Procedural history
On November 7, 2022, the court ordered Sullivan to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal of the complaint for failure to state a claim on which relief may be granted. Sullivan did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not state that the dismissal was with or without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying the filing fees for an appeal. The clerk was directed to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.