Azzarmi v. Doe Officers 1-10
- Laura Swain
- 1:22-cv-05726
- U.S. District Court · Southern District of New York
- 1
In Azzarmi v. Doe Officers, Judge Swain dismissed the complaint after Azzarmi failed to file an amended complaint and denied appeal fee-free status.
Aas...'s complaint against Doe Officers 1-10 was dismissed. Aas... was also denied fee-free status for an appeal, and the clerk was directed to enter judgment.
What happened
In Aas... v. Doe Officers 1-10, the court had ordered Aas... to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Aas... did not file an amended complaint. The court therefore dismissed the complaint under the federal statute governing fee-free lawsuits by people who cannot afford filing fees.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal. The clerk was directed to enter judgment.
The detailed version
- Azzarmi v. Doe Officers 1-10 · No. 1:22-cv-05726
- Laura Swain
- Mar. 29, 2023
Background
On January 13, 2023, the court ordered Aas... to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. The opinion states that Aas... did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). That provision allows dismissal of a complaint filed without paying the filing fee when the statutory screening requirements are met. The opinion does not decide the underlying claims against Doe Officers 1-10.
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 fee-free status for purposes of an appeal. The clerk was directed to enter judgment in the case.
Effect
The complaint was dismissed, and judgment was to be entered. The opinion does not state whether Aas... was represented by a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.