Avila v. Sun River Health, Inc.
- Laura Swain
- 1:22-cv-09221
- U.S. District Court · Southern District of New York
- 1
In Avila v. Sun River Health, Judge Swain dismissed the complaint after Avila failed to file the court-ordered amended complaint and denied appeal fee status.
Jimmy Avila, whose complaint was dismissed; Sun River Health, Inc., Melissa Shoupe, and Lester, who were named as defendants.
What happened
In Avila v. Sun River Health, Inc., the court had ordered Jimmy Avila to file an amended complaint within 60 days. The order warned that failing to do so would result in dismissal.
Avila did not file an amended complaint. The court therefore dismissed his complaint under the federal statute governing dismissal of complaints filed without prepaying court fees.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith, denied fee-waiver status for an appeal, and directed the clerk to enter judgment.
The detailed version
- Avila v. Sun River Health, Inc. · No. 1:22-cv-09221
- Laura Swain
- May 24, 2023
Background
Jimmy Avila sued Sun River Health, Inc., Melissa Shoupe, and Lester. The opinion states that the complaint was filed without prepaying court fees under 28 U.S.C. § 1915(a)(1). On March 6, 2023, the court ordered Avila to file an amended complaint within 60 days and expressly warned that failure to comply would result in dismissal.
Ruling
Avila did not file an amended complaint. The court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), which authorizes dismissal of certain complaints filed without prepaying court fees. The order does not address the underlying claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied status allowing an appeal without prepaying fees. The clerk was directed to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.