Antrobus v. New York City
- Laura Swain
- 1:22-cv-08822
- U.S. District Court · Southern District of New York
- 2
In Antrobus v. New York City, Judge Swain dismissed the complaint without prejudice because Antrobus did not provide an original signature or update his address.
Andre Antrobus's complaint was dismissed without prejudice, and his other pending matters were terminated. His permission to proceed without paying filing fees on appeal was also denied.
What happened
In Antrobus v. New York City, Andre Antrobus filed a lawsuit while detained at Mid-Hudson Forensic Psychiatric Center.
The court ordered Antrobus to submit a complaint signature page bearing his original signature within 30 days. The order was returned as undeliverable after Antrobus was no longer at that facility, and he did not submit the signature page or tell the court that his mailing address had changed.
The court dismissed the complaint without prejudice and terminated all other pending matters. Judge Swain also denied Antrobus permission to proceed without paying filing fees on appeal, finding that an appeal would not be taken in good faith, and directed the Clerk of Court to enter judgment.
The detailed version
- Antrobus v. New York City · No. 1:22-cv-08822
- Laura Swain
- Apr. 25, 2023
Background
Andre Antrobus filed the action while detained at Mid-Hudson Forensic Psychiatric Center. On March 14, 2023, the court ordered him to submit, within 30 days, a signature page for his complaint with an original signature. The order stated that failing to comply would result in dismissal.
The order was returned to the court on April 5, 2023. The envelope stated that delivery was not possible because Antrobus was no longer held at the facility. Antrobus did not comply with the signature-page order and did not notify the court of a change in his mailing address.
Ruling
The court dismissed the complaint without prejudice. It also terminated all other pending matters in the case. The opinion does not address the underlying claims or decide their merits.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to proceed without paying filing fees for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.