Tyler v. Boricua College
- Laura Swain
- 1:22-cv-08273
- U.S. District Court · Southern District of New York
- 1
In Tyler v. Boricua College, Judge Swain dismissed the complaint after Tyler failed to amend it and denied IFP status for appeal.
Andrea Tyler, whose complaint was dismissed and whose permission to appeal without paying the filing fee was denied; the defendants named in the case were affected by the dismissal.
What happened
In Tyler v. Boricua College, the court had ordered Andrea Tyler to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal. Tyler did not file an amended complaint.
The court dismissed the complaint for failure to state a claim under the statute governing screening of complaints filed without paying the filing fee. It also denied Tyler permission to appeal without paying the filing fee, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
Chief Judge Laura Taylor Swain issued the dismissal order on March 21, 2023. The opinion does not describe the claims in the original complaint or explain why they failed to state a claim.
The detailed version
- Tyler v. Boricua College · No. 1:22-cv-08273
- Laura Swain
- Mar. 21, 2023
Background
By an order dated December 19, 2022, the court directed Andrea Tyler to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Tyler did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under the court's permission-to-proceed-without-paying-fees procedure.
The court also 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 proceed without paying the filing fee for an appeal. The Clerk of Court was directed to enter judgment.
Scope of the Opinion
The opinion does not identify the claims in Tyler's original complaint or provide the court's reasons for concluding that the complaint failed to state a claim. The dismissal was based on Tyler's failure to file the ordered amended complaint and the court's screening determination.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.