Hill v. N.Y.C. Shelter System
- Laura Swain
- 1:22-cv-07350
- U.S. District Court · Southern District of New York
- 1
Hill v. N.Y.C. Shelter System: Judge Swain dismissed the complaint after Hill failed to amend it and denied fee-free status for an appeal.
Johnny Hill's complaint was dismissed, affecting his case against N.Y.C. Shelter System and the other named defendants. The court also denied Hill fee-free status for an appeal.
What happened
In Hill v. N.Y.C. Shelter System, the court had ordered Johnny Hill to file an amended complaint within 60 days and warned that failing to do so would lead to dismissal.
Hill did not file an amended complaint. The court therefore dismissed the complaint for failing to state a claim under the federal statute governing complaints filed without prepaying filing fees.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Hill fee-free status for an appeal. The Clerk was directed to enter judgment.
The detailed version
- Hill v. N.Y.C. Shelter System · No. 1:22-cv-07350
- Laura Swain
- May 23, 2023
Background
The court had previously ordered Johnny Hill to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. Hill did not file an amended complaint.
Ruling
The court dismissed the complaint for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii). That provision allows the court to dismiss a complaint filed without prepaying the filing fee when it does not state a legally sufficient claim. The opinion does not describe the allegations in the original complaint or explain why the court had previously required an amendment.
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. The court therefore denied Hill permission to proceed without prepaying fees for an appeal. The Clerk of Court was directed to enter judgment.
Effect
The complaint was dismissed, and judgment was ordered entered in the case. The opinion does not state whether the dismissal permits or bars refiling.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.