Whidbee v. Mhay Palisade Towers
- Laura Swain
- 1:23-cv-00141
- U.S. District Court · Southern District of New York
- 1
In Whidbee v. Mhay Palisades Towers, Judge Swain dismissed the complaint after Whidbee failed to file an amended complaint.
Lola Whidbee, whose complaint was dismissed, and the defendant, Mhay Palisades Towers; the court also denied fee-free status for an appeal.
What happened
In Whidbee v. Mhay Palisades Towers, the court had previously ordered Lola Whidbee to file an amended complaint within 60 days and warned that failing to do so would result in dismissal.
Whidbee did not file an amended complaint. The court therefore dismissed the complaint, which had been filed without paying the filing fee, under 28 U.S.C. § 1915(e)(2)(B)(ii).
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-free status for an appeal. The Clerk was directed to enter judgment.
The detailed version
- Whidbee v. Mhay Palisade Towers · No. 1:23-cv-00141
- Laura Swain
- May 16, 2023
Background
On February 27, 2023, the court ordered Lola Whidbee to file an amended complaint within 60 days. The order warned that failing to comply would result in dismissal. Whidbee did not file an amended complaint.
Ruling
The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The complaint had been filed without prepaying the filing fee under the statute governing such filings. The order does not describe the claims in the complaint or decide their underlying merits.
Appeal and Judgment
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied fee-free status for purposes of an appeal and directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.