Slade v. Correctional Health John Doe
- Laura Swain
- 1:23-cv-01419
- U.S. District Court · Southern District of New York
- 1
In Slade v. Correctional Health John Doe, Judge Swain granted Slade’s request to withdraw the federal case and dismissed the complaint under Rule 41(a).
Ricco D. Slade and this federal action; the order also affects any filing-fee deductions from Slade’s prison trust account and his ability to appeal without paying the appeal fee.
What happened
Ricco D. Slade, who was detained at the Anna M. Kross Center on Rikers Island and represented himself, told the court he wanted to discontinue this case because an attorney was pursuing the matter in state court.
The court granted Slade’s request to withdraw the action and dismissed the complaint under Rule 41(a) of the Federal Rules of Civil Procedure. It also directed that Slade not be charged the filing fee and that any previously authorized deductions from his prison account for this lawsuit be suspended.
Judge Laura Taylor Swain stated that any appeal would not be taken in good faith and denied permission to proceed without paying the appeal fee.
The detailed version
- Slade v. Correctional Health John Doe · No. 1:23-cv-01419
- Laura Swain
- Apr. 25, 2023
Background
Ricco D. Slade, who was detained at the Anna M. Kross Center on Rikers Island, was representing himself. The court received his April 25, 2023 letter requesting that he discontinue the federal action because he had an attorney pursuing the matter in state court.
Court’s Action
The court granted Slade’s request to withdraw the action. It dismissed the complaint under Rule 41(a) of the Federal Rules of Civil Procedure. The opinion does not state whether the dismissal was with or without prejudice.
The Clerk of Court was directed not to charge Slade the $350 filing fee for the action. The warden or superintendent responsible for his custody was directed to suspend any previously authorized monetary deductions from his prison trust account for this lawsuit.
Appeal and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. Judge Laura Taylor Swain therefore denied permission to proceed without paying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.