Avila v. Acacia Network Inc.
- Laura Swain
- 1:22-cv-07657
- U.S. District Court · Southern District of New York
- 2
In Avila v. Acacia Network, Judge Swain dismissed the complaint after Avila failed to amend it to state disability and housing claims.
Jimmy Avila’s complaint was dismissed, affecting his claims against Acacia Network, Inc.; Lorraine Coleman; and Bronx Addiction Services Integrated Concepts System, Inc., also known as BASICS. Permission to proceed without paying the filing fee for an appeal was also denied.
What happened
In Avila v. Acacia Network Inc., the court had previously denied Jimmy Avila’s request for an injunction without prejudice and allowed him 60 days to amend his complaint to state valid claims under the Americans with Disabilities Act and the Fair Housing Act.
Avila did not file an amended complaint. The court therefore dismissed the complaint for failure to state a claim under the federal law governing cases filed without paying the filing fee.
Judge Swain also ruled that an appeal would not be taken in good faith and denied Avila permission to proceed without paying the appeal fee. The Clerk of Court was directed to enter judgment.
The detailed version
- Avila v. Acacia Network Inc. · No. 1:22-cv-07657
- Laura Swain
- May 9, 2023
Background
Jimmy Avila filed a complaint without paying the filing fee. In an earlier order dated February 22, 2023, the court denied without prejudice his request for injunctive relief and gave him 60 days to amend his complaint to state valid claims under the Americans with Disabilities Act and the Fair Housing Act. The court warned that failing to amend would result in dismissal.
Ruling
Avila did not file an amended complaint. The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), a provision requiring dismissal of certain claims filed without payment of the filing fee when they do not state a legally valid claim.
Appeal and Judgment
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying the filing fee for an appeal and directed the Clerk of Court to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.