Thomas v. Royce
- Vyskocil
- 1:19-cv-06781-MKV
- U.S. District Court · Southern District of New York
- 1
In Thomas v. Royce, Judge Vyskocil denied the petition after Thomas failed to file the required amended petition.
Warren Thomas's petition was denied, and he was denied permission to proceed without paying the filing fee for an appeal.
What happened
In Thomas v. Royce, the court had ordered Warren Thomas to file an amended petition within 60 days. The order warned that failing to do so would result in dismissal.
Thomas did not file an amended petition within that period. The opinion does not identify the type of petition or explain the underlying legal claims.
Judge Mary Kay Vyskocil denied the petition. She also ruled that any appeal would not be taken in good faith and denied Thomas permission to proceed without paying the appeal filing fee.
The detailed version
- Thomas v. Royce · No. 1:19-cv-06781-MKV
- Vyskocil
- June 2, 2023
Background
On March 30, 2023, the court ordered Warren Thomas to file an amended petition within 60 days. The order stated that failure to comply would result in dismissal of the petition.
Reason for the Ruling
Thomas did not file an amended petition. The court therefore acted based on his failure to follow the filing order. The opinion does not identify the petition’s legal basis or address its underlying claims.
Disposition
The court denied the petition. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Thomas permission to proceed without paying the filing fee for an appeal. The clerk was directed to mail Thomas a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.