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S.D.N.Y.Substantive rulingFiled Mar. 22, 2023

Gil-Cabrera v. Department of Corrections

Judge
Laura Swain
Docket
1:20-cv-09493
Court
U.S. District Court · Southern District of New York
Pages
1
Summary JudgmentCivil Procedure
In one sentence

In RicardoGilCabrera v. City of New York, Judge Swain granted the City summary judgment and closed the case.

Who this affects

RicardoGilCabrera's case against the City of New York was dismissed after the City's motion for summary judgment was granted in its entirety; the judgment also denied fee-free status for an appeal.

What happened

In RicardoGilCabrera v. City of New York, the City of New York asked for summary judgment, which asks the court to decide a case without a trial when the legal requirements are met. The judgment states that the motion was granted in its entirety.

The judgment says the case was dismissed and closed. It also states that any appeal would not be considered to have been filed in good faith, so the plaintiff could not proceed without paying court fees for an appeal.

Judge Swain is identified in the case information supplied with the opinion. The judgment was entered on March 22, 2023, based on reasons stated in a separate memorandum order that is not included in the provided text.

The detailed version

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

Case
Gil-Cabrera v. Department of Corrections · No. 1:20-cv-09493
Judge
Laura Swain
Date
Mar. 22, 2023

Ruling

The judgment states that, for the reasons given in the Court's memorandum order dated March 22, 2023, the City of New York's motion for summary judgment was granted in its entirety. Summary judgment is a ruling that resolves a case without a trial when the governing legal standard is satisfied.

Disposition

The court entered judgment dismissing the case and stated that the case was closed. The judgment does not provide the underlying claims, the parties' arguments, or the memorandum order's reasoning.

Appeal-fee ruling

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 paying court fees for purposes of an appeal.

The authoritative version

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

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