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S.D.N.Y.Procedural orderFiled Feb. 27, 2023

Narowski-Trippitola v. Westchester County Gov. Office

Judge
Laura Swain
Docket
1:22-cv-09606
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Narowski-Trippitola v. Westchester County Gov. Office, Judge Swain dismissed the complaint after Plaintiff failed to file the required amended complaint.

Who this affects

The dismissal affected Plaintiff Aniya Q. Narowski-Trippitola's complaint. The court also denied Plaintiff permission to appeal without prepaying fees and directed entry of judgment; the opinion does not describe any separate effect on the defendants.

What happened

In Aniya Q. Narowski-Trippitola v. Westchester County Gov. Office, the court had ordered Plaintiff to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.

Plaintiff did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing screening of complaints filed without prepaying court fees.

Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Plaintiff permission to appeal without prepaying fees. The Clerk was directed to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Narowski-Trippitola v. Westchester County Gov. Office · No. 1:22-cv-09606
Judge
Laura Swain
Date
Feb. 27, 2023

Background

The court had previously ordered Plaintiff to file an amended complaint within 60 days. That order stated that the complaint would be dismissed if Plaintiff did not comply. Plaintiff did not file an amended complaint.

Ruling

The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion states that the complaint had been filed without prepaying court fees. The court did not decide the underlying claims in the opinion.

The court 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 appeal without prepaying fees. The Clerk of Court was directed to enter judgment.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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