Stone v. City of New York
- Laura Swain
- 1:22-cv-08615
- U.S. District Court · Southern District of New York
- 1
In Stone v. City of New York, Judge Swain dismissed the complaint after Stone failed to file the required amended complaint.
John Stone’s complaint was dismissed, and permission to appeal without prepaying the filing fee was denied. The Clerk was directed to enter judgment for the case.
What happened
In Stone v. City of New York, the court had ordered John Stone to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Stone did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without requiring payment of the filing fee.
Judge Laura Taylor Swain also denied Stone permission to appeal without paying the filing fee, certifying that any appeal would not be taken in good faith. The Clerk of Court was directed to enter judgment.
The detailed version
- Stone v. City of New York · No. 1:22-cv-08615
- Laura Swain
- Feb. 27, 2023
Background
In an order dated December 19, 2022, the court directed John Stone to file an amended complaint within 60 days. The court expressly stated that failure to comply would result in dismissal of the complaint.
Court’s Action
Stone did not file an amended complaint. 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 the filing fee under the federal statute allowing a person to proceed without that payment.
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 the appellate filing fee. The Clerk of Court was directed to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.