MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION
- Laura Swain
- 1:22-cv-04839
- U.S. District Court · Southern District of New York
- 1
MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION — Judge Swain dismissed Maldonado’s petition without prejudice after he failed to file an amended petition.
Samuel Maldonado’s petition was dismissed without prejudice. His permission to proceed without prepaying the filing fee for an appeal was also denied.
What happened
In MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION, the court had ordered Samuel Maldonado to submit an amended petition within 60 days.
The court’s earlier order warned that failing to do so would lead to dismissal. Maldonado did not file an amended petition.
Judge Laura Taylor Swain dismissed the petition without prejudice and directed the Clerk of Court to enter judgment. She also ruled that an appeal would not be in good faith and denied Maldonado permission to proceed without paying the appeal filing fee.
The detailed version
- MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION · No. 1:22-cv-04839
- Laura Swain
- Feb. 23, 2023
Background
On December 5, 2022, the Court ordered Samuel Maldonado to file an amended petition within 60 days. The order stated that the case would be dismissed if he did not comply. Maldonado did not file an amended petition.
Ruling
The Court dismissed the petition without prejudice. This means the dismissal did not bar a later filing, although the opinion does not describe any requirements for doing so. The petition had been filed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
The Court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying the filing fee for an appeal. The Clerk of Court was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.