Izeh v. Correction Officers
- Laura Swain
- 1:23-cv-00233
- U.S. District Court · Southern District of New York
- 2
In Izeh v. Correction Officers, Judge Swain dismissed the complaint after Izeh failed to amend it and denied a fee-free appeal.
Matthew Izeh, whose complaint was dismissed, and the named defendants: Correction Officers; the Department of Corrections; the Warden of Correction; and the listed inmates.
What happened
In Izeh v. Correction Officers, Matthew Izeh’s complaint was dismissed after he did not file an amended complaint the court had ordered.
The court’s February 21, 2023 order gave Izeh 60 days to file an amended complaint and warned that failing to do so would lead to dismissal. The opinion says he did not file one.
Judge Laura Taylor Swain dismissed the complaint for failure to state a claim for which relief could be granted. She also denied Izeh permission to appeal without paying filing fees and directed the Clerk of Court to enter judgment.
The detailed version
- Izeh v. Correction Officers · No. 1:23-cv-00233
- Laura Swain
- May 22, 2023
Background
Matthew Izeh sued Correction Officers; the Department of Corrections; the Warden of Correction; and the listed inmates, identified in the caption as Johnson, Williams, Bowman, and Thone. The complaint was filed without paying the filing fee under the federal statute allowing a person who qualifies to proceed without prepaying court costs.
On February 21, 2023, the court ordered Izeh to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. The opinion states that Izeh did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). This was a screening dismissal under the statute governing complaints filed without prepaying court costs. The court also certified that any appeal would not be taken in good faith and denied Izeh permission to appeal without paying filing fees. The Clerk of Court was directed to enter judgment.
The opinion does not state whether the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.