James v. U.S. Department of Educations
- Laura Swain
- 1:22-cv-10051
- U.S. District Court · Southern District of New York
- 2
In James v. U.S. Department of Educations, Judge Swain granted James leave to file an amended complaint naming all proposed defendants and explaining his claims.
Jeremy Allan James and the defendants he seeks to name, including the U.S. Department of Education’s OCR and other defendants.
What happened
In James v. U.S. Department of Educations, Jeremy Allan James, who is representing himself, sued the U.S. Department of Education’s OCR and others, alleging violations of federally protected rights. The court had allowed him to proceed without paying filing fees in advance.
James sent a letter asking to add defendants and providing facts about them. The court said a letter could not itself amend the complaint, but treated the letter as a request to file an amended complaint.
Judge Laura Taylor Swain granted that request. James must file an amended complaint naming every individual and entity he seeks to hold liable and explaining why within 60 days. The court also denied fee-free status for any appeal from this order.
The detailed version
- James v. U.S. Department of Educations · No. 1:22-cv-10051
- Laura Swain
- Feb. 14, 2023
Background
Jeremy Allan James, appearing without a lawyer, brought this federal-question action against the U.S. Department of Education’s OCR and other defendants. He alleged that the defendants violated federally protected rights. The court had previously allowed him to proceed without prepaying filing fees.
Request to Amend
James submitted a letter seeking to add defendants and explaining the facts supporting their addition. The court ruled that he could not amend his complaint merely by filing a letter. It treated the letter as a motion for permission to file an amended complaint.
Ruling and Instructions
The court granted the motion. James was granted leave to file an amended complaint naming every individual and entity he seeks to hold liable for what occurred and providing facts explaining why each was named. He must submit the document to the court’s Pro Se Intake Unit within 60 days of the order, title it “Amended Complaint,” and include docket number 22-CV-10051 (LTS). The court attached an amended-complaint form.
No summons would issue at that time. If James did not file an amended complaint within 60 days, the original complaint would remain the operative pleading. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.